
Class. 



K^ldS 



Book_^.X-J— 

/ 7'" 7 



OFFICIAL DONATION. 



THE 



School Law of Indiana 



WITH ANNOTATIONS 



State Constitution 



ISSUED BY 

FASSETT A. COTTON 

State Superintendent of Public Instruction 



INDIANAPOLIS: 
1907 



TABLE OF CONTENTS. 



PAGE 

I'ref ace '^ 

List of county superintendents 5-6 

CHAPTER I. 

CONSTITTITIOTVAI. PROVISTOKS. 
SEC. PAGE 

1. CommoB schools 7 

2. Common school fund 8 

3. Principal, a perpetual fund 10 

4. Investment and distribution 10 

5. Reinvestment 11 

G. Counties — Liability 11 

7. Trust funds niviolate 11 

S. Superintendent of public instruction 12 

CHAPTER II. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

9. Superintendent 13 

10. Commencement of term — Oath 13 

11. Duties— Office— Clerks 13 

12. . Report to governor 14 

13. Report to general assembly 14 

14. Duties 15 

15.- Traveling expenses HJ 

16. Supervision of school funds 16 

17. May require reports 16 

18. Blanks and forms 17 

19. Forms of bookkeeping 17 

20. Shall publish school law 17 

21. Journals, etc., to libraries 17 

CHAPTER III. 

STATE BOARD OF EDUCATION. 

22. State board of education 18 

23. Duties and povpers 19 

24. State certificate 20 

25. Pay and mileage of board 26 

(iii) 



iv SCHOOL LAW OF INDIANA. 

CHAPTER IV. 

NOKMAL SCHOOL. 
SEC. ' PAGE 

26. The state board of education a state teachers' training board 26 

27. Courses of study 27 

28. Two-year course 28 

29. Diplomas 28 

30. "Accredited ' school 28 

31. When '"accredited" denied 28 



CHAPTER V. 

SCHOOL BOOKS. 

32. State board of education a board of school book commissioners ... 30 

33. Advertise for bids 31 

34. Open bids 33 

35. May procure manuscripts 34 

36. State not liable 34 

37. Governor's proclamation 34 

38. Trustee's duty 35 

39. Quarterly reports 36 

40. Superintendent to enter suit ^ 36 

41. Superintendent's special bond 37 

42. Reports to contractor 37 

43. Sale for more than contract price a misdemeanor 38 

44. Embezzlement 38 

45. Appropriation — Iiav\'S repealed 39 

46. Advertise for bids 39 

47. Trustees to make requisitions first Monday of June 40 

48. Trustee to acknowledge receipt of books 41 

49. Books for poor or indigent children 42 

50. Reports to commissioners and county superintendent 42 

51. Appropriation 43 

52. Suit on trustee's bond 43 

53. County superintendent's special bond 44 

54. Superintendent's report to contractor. 44 

55. Failure to report — Embezzlement 45 

56. Books to be uniformly used 46 

57. Duty of contractor 46 

58. Name and price of books on cover 47 

59. State superintendent's duty 47 

60. Act supplemental , 48 

61. Contractors to file consent 48 

62. S.ale to merchants or dealers — Trustee's report 49 

63. Oflicers to supply sufficient books 50 

64. Duty of merchants and dealers 50 

65. County sui)erintendeut to make report 51 



CONTENTS. ^ t 

SEC. PAGE 

66. Officers failing to report — Right of action 51 

67. Failure to report at expiration of term — Embezzlement 52 

68. Sale for more than contract price a misdemeanor 52 

69. Contractors to file consent for revision of books 58 

70. Author to revise — County and state superintendent to scale requi- 

sition 54 

71. Intermediate grammar or language lessons 57 

72. State board to meet — Notice 58 

73. Frequency of revision 58 

74. Standard of revision — Contractor's bond 59 

75. Appropriation 59 

76. New bond 59 

77. State superintendeut's duty 60 

78. Act supplemental 60 

79. Reading primer 60 

80. Price 61 

81. Old laws applicable 61 

82. Use in cities of 5,000 61 

83. Sale of school books 61 

84. Governor — Proclamation 62 

85. Sale of school books 62 

86. Proclamation by governor 63 

87. Existing contracts 64 

88. Repeal 64 

CHAPTER VI. 

COUNTY SUPERINTENDENT. 

89. County superintendent 65 

90. Eligibility 69 

91. Per diem for services 69 

92. Repeal 69 

93. Impeachment 71 

94. Office — Supplies — Compensation 72 

95. Shall examine teachers 72 

96. May revoke license 78 

97. Traffic in examination questions 82 

98. Examinations — License 82 

99. Record book — Report to state superintendent 82 

100. State license , 83 

101. Exemption from examination 86 

102. Record of examination 86 

103. Items for success grades 87 

104. Superintendents furnish items 87 

105. Issuance and record of success statement 87 

106. Appeal from statement 90 

107. Certificate from other state 90 



Vi « SCHOOL LAW OF INDIANA. 

SEC. PAOE 

lOS. Examination for graduation 91 

109. General duties 92 

110. Wlien must enumerate 93 

111. Cities exempt 94 

112. Annual reports 94 

113. Apportionment — Report 95 

114. Compensation 96 

115. Duty as to apportionment 97 

116. Duty as to scliool fund 97 

117. Interest in private nonnal school can not have 98 

118. Penalty 98 

119. Duty of prosecuting attorney 98 

CHAPTER VII. 

COUNTY BOARD OF KDUCATION. 

120. County board of education 99 

CHAPTER YIII. 

ADMINISTRATION. 

121. School township 102 

122. Tovpns and cities 106 

123. School trustees — Election — Terms — Duties 108 

124. Cities excepted 110 

125. Repeal 110 

126. Town abandoning control of schools 115 

127. Conveyance to trustee 115 

128. Charge of town schools 116 

129. Trustees' bonds — Vacancy 116 

130. Trustees manage revenues — Reports 118 

131. Record — Duty as to revenue 128 

132. Annual statement 124 

133. General duties 124 

134. Duration of school in any year 130 

135. Care and management of school property — Janitors 131 

136. Superintendent in cities and towns 131 

137. Joint grade schools 132 

138. Common schools defined — High school courses 133 

139. High school studies 133 

140. School house for seveval townships 134 

141. Cost of erecting 134 

142. Advisory board, emergency for action 135 

143. Joint school district — Petition 135 

144. Expense of establishing — Controlling school 136 

145. Expense of maintenance 136 



CONTETiTTS. Vll 
SEC. PAGE 

146. Abandonment of school district or corporation 137 

147. Consent of \ oters to abandonment 137 

148. Discontinuance and abandonment of small schools 138 

149. Transportation of pupils to other schools 138 

150. Repeal 139 

151. Kindergartens 139 

152. Tax for kindergartens 139 

153. How collected 140 

154. Night schools 140 

155. Age of pupil 140 

156. Manual training or industrial schools 141 

157. Teachers — Rules and regulations 141 

158. Tax to support 141 

159. Surplus special school revenue 142 

160. Things legalized 142 

161. Teachers' report 143 

162. Trustees' reports 144 

163. Failure to rei)ort 145 

164. Neglecting duties 145 

165. Failing to serve 146 

166. Trustees' accounts 146 

167. Examination of trustee and his books 146 

168. Correction of accounts — Removal 146 



CHAPTER IX. 

TAXATION. 

169. State tax 147 

170. Uniform tax 147 

171. Special school tax used to pay teachers 147 

172. Assessment and collection 149 

173. Supplementary tuition fund 150 

174. Local tax, how applied 151 

175. Special tax to pay debts 151 

176. Tax to complete town school house and to support town schools. . 152 

177. Transfer money from bonds to special school revenue 153 

CHAPTER X. 

ENUMEEATION. 

178. Trustee to take — His duties — Who enumerated 154 

179. Transfer 158 

180. Tuition 160 

181. Appeal 161 

182. Payment of tuition — Refusal to make 161 

183. Rights not abridged 162 



Vili SCHOOL LAW OF INDIANA. 

SEC. PAGE 

184. Transfer to school corporation of 100,000 162 

185. Payment of tuition 162 

186. Transfer of scliool cliildren 163 

187. Repeal 164 

188. Enumeration, wtiere filed — Retaking 165 

189. Township in two or more counties — Report • • • •. 1^5 

190. Orphans' homes — Transfer of children to 166 

191. Payment of tuition 167 

192. Appeal 167 

193. Adjustment of tuition indebtedness. . . • • • • • • • 167 

194. Special written agreements 168 

CHAPTER XI. 

APPORTION itENT OF EKVENUE. , 

,195. To be semi-annually 169 

196. Reports of county auditors 169 

197. When and what county auditor reports 169 

198. When congressional township divided 170 

199. Auditor failing to report 170 

200. State tax levy 171 

201. Apportionment among counties 171 

202. Distribution of 5.2 of fund ... 172 

203. Town or township deficiency — Certificate 172 

204. Superintendent and auditor— Duties. 173 

205. Uses of funds 174 

206. Liability for fund 174 

207. Surplus 174 

208. Repeal 174 

209. Printed statement 174 

210. Payment to counties 175 

211. Payment of excess 175 

212. Unapportioned balances 176 

213. County auditor's apportionment 176 

214. Interest on sinking fund 179 

, 215. Surplus dog tax fund ; . . . . 179 

CHAPTER XII. 

SCHOOLS IN CITIES AND TOWNS. 

216. Bonds for school buildings 181 

217. Use of proceeds .- 183 

218. Special tax 184 

219. Condition for building 185 

220. Surplus special school revenue 186 

221. Bonds and notes, cities and towns may issue 186 



CONTENTS. IX 
SEC. PAGE 

222. Tax to pay bonds and notes 188 

223. Trustees give bond , 188 

224. Additional bond issue — Schools 188 

225. Cities — Second class — Bonds for school buildings 189 

226. Bonds in series— Time 190 

227. Tax for bond redemption . . . 190 

228. Repeal 190 

229. Cities or towns— Bonds .,,.,. 191; 

230. Tax levy ." • 191 

231. Repeal 192; 

232. Towns — Funds for building^Bonds. . . 192_ 

233. Refunding bonds -. . 193 

234. Trustees' bonds 193 

235. Sale of property . ..... 193 

236. Special tax ,v 194 

237. Surplus special revenue 194 

238. Repeal , 194 

239. Trustees — Bonds for building purposes 195 

240. Sale — Bond for proper use of funds 195 

241. Special tax 196 

242. Surplus special school revenue 197 

243. Repeal 197 

244. Township business^Iudebtedness — Issue of bonds. 197 

245. Duties of advisory board 198 



CHAPTER XIII. 

SCHOOL SYSTEM IN LAEGE CITIES. 

;See Section 255 and following.) 

246. School system 199 

247. School districts 200 

248. Organization — Term — Vacancies 200 

249. Duties and powers 201 

250. Tax collectors and payments 203 

251. Sessions — Records — No pay 204 

252. General school law in force 204 

253. Temporary loans 204 

254. Bonds in cities 205 



SCHOOL LAW OF INDIANA. 



CHAPTER XIV. 

SCHOOLS IN CITIES OE 100,000 TNHABITANTS. 
SEC. PAGE 

255. Act of Mareli 3, 1871, in force 20G 

256. Qualifications of commissioners 207 

257. Nomination and election 208 

258. Terms 210 

259. Organization of board 211 

260. Committees — Salaries — Rules 211 

261. Legislative act — Directors' approval 212 

262. OfBcers and teaciiers — Examinations 218 

263. Directors— Duties 213 

264. Superintendent- — Text-books— Librarian — Appointments .. ." 214 

265. Discharge of employes 216 

266. Director's duties — Bond 216 

267. Auditor of school board 217 

268. Warrants 217 

269. Evidence of indebtedness 217 

270. Illegal warrant — Liability 217 

271. Appropriation necessary 217 

272. Auditor's report— Bond— Pay 218 

273. Accountants 218 

274. Payments to treasurer 219 

275. Contract, appropriations for necessary 219 

276. Contracts to be in writing — Supplies 219 

277. Bids for school houses 220 

278. Funding indebtedness 220 

279. Tax levy 222 

280. School law in force 223 

281. Old school board 223 

282. Limit of debt 224 

283. Bonds to purchase real estate and erect buildings — Bids 224 

284. Purchase of grounds and buildings 225 

285. Eminent domain, may exercise 226 

286. Removal of commissioner 226 

287. Levy to pay debts ., 227 

288. Subsequent censuses 227 

289. Manual training schools 227 

290. Teachers and instructors 228 ' 

291. Tax to support schools 228 

292. Transfer of property 228 



CONTENTS. XI 
CHAPTER XV. 

TEACHERS' PEIVSION FUND. 

SEC. PAGE 

293. Teachers' pensioa fund — Trustees 230 

294. Officers— Duties 231 

295. Control of fund— What constitutes 232 

296. Investment of funds 234 

297. Sinking fund 234 

298. Uses of fund 234 

299. Years of sefvice — How computed 235 

300. Pensioners — Re-examination 236 

301. Servico pension 237 

302. Computing time 237 

303. Trustees— By-laws 237 

304. Payments — When refunded in part 238 

305. Deficiency — Pro rata payments 238 

306. Place of payment 239 

307. Pensions exempt from seizure 239 

308. Cancellation of payment 239 

309. Teacher defined 239 



CHAPTER XVT. 

SCHOOLS IN CITHCS OF 45,000 TO 55,000. 

310. School corporations 240 

311. Power of school board 240 

312. Buildings— Bonds 240 

313. Special tax 240 

314. Proceeds of bonds 241 

315. Population 242 

CHAPTER XVII. 

SCHOOLS AND SCHOOL HOUSES. 

316. Bible 243 

317. Uniformity as to time — Numbering 245 

318. Calendar 245 

319. Colored children 245 

320. Indigent children 246 

321. Appropriations for indigent children 247 

322. Branches taught 247 

323. Effect of alcoholic drinks and narcotics 249 



xii SCHOOL LAW OF INDIANA. 

SEC. PAGE 

324. Teachers examined concerning 250 

325. Failure to teacli effect — Dismissal 250 

326. Voters" meetings — School directors 250 

327. Voters at school meetings 251 

328. Other meetings — Powers 251 

329. Estimate of expense 254 

330. Changing site of school house 254 

331. Notice of petition to change 255 

332. Misdemeanor 250 

333. Doors must swing outward 250 

334. Teachers, employjnent and dismissal 257 

335. Teachers' contracts lo be in writing 201 

336. Blanks to be unilorm 261 

337. Minimum wages of teachers 201 

338. Teachers' qualifications 262 

339. Payment at less rate — Penalty 203 

340. State board of education— Duties 263 

341. When act in effect 203 

342. Repeal 263 

342^. Terms for which teachers may be employed 204 

343. Special examination 265 

344. Director's duties 265 

345. Has charge of the school house 265 

346. Visits schools — May exclude pupil 266 

347. Appeal to trustee 267 

348. Insulting teacher 207 

349. Title to school property 268 

350. Use of school house 269 

351. Use of school house 270 

352. School house, when sold 271 

353. Sale of school property by township trustees 271 

354. School house in annexed. territory 273 

355. Pay for school house in annexed territory 273 

356. Donations and bequests 274 

357. Majority of voters '. . . 275 

358. Sale of bonds 275 

359. Donations may be made to school corporations 276 

360. Conditional gift .• 276 

361. Income from gift, how used 276 

362. Trustee for gift— Powers .277 

363. Identity of gift not to be lost 27S 

364. Donations for high schools 278 

365. Trustees 279 

366. Duties of trustees , 280 

367. Appropriation of real estate — Petition 280 

368. Appraisement 281 

369. Duty of appraisers — Payment — Title— Trial 281 



CONTENTS. Xm 
SEC. PAGE 

370. Tender before appraisement — Costs 282 

371. Repeal 283 

872. Soliool property liable for public improvements 283 

373. Former payments legalized — Lien 283 

374. Special school fund 2S4 

375. Legalizing act — Township trustee and advisory board 284 

376. Flags 285 

377. Display of flag 285 

378. Destruction or mutilation 285 

379. Penalty 28rt 

380. Terms of school — Deficiency in t\\nds — Aiding schools 286 

381. Superintendent and auditor — Duties 287 

382. Uses of fund 288 

383. Liability or fund 288 

384. Surplus '. . . 288 

385. Repeal 288 

386. Transfer of bond tax revenue to special school revenue 288 



CHAPTER XVIII. 

teachers' ij>jstitutes. 

387. Township institutes 290 

388. Teachers' institutes — Expenses 291 

389. Schools closed 291 

390. Sessions 292 



CHAPTER XIX. 

ITBEE LIBRARIES. 

391. Public library commissions 293 

392. Duties— Traveling libraries 293 

393. Repeal 294 

394. Purchyse of books — Appropriation 294 

395. Library association 295 

396. Annual appropriation — Expenses 295 

397. Advice ' 296 

398. Township library tax 296 

399. Township library board 297 

400. Official documents 298 

401. Member of commission not to be publisher 298 

402. In cities and towns 298 

403. Libraries in certain cities 299 

404. Tax to maintain 299 

405. Real estate 300 

406. Real estate for libraries ,..,.,. .:... . . . 300 



Xiv SCHOOL LAW OF INDIANA. 

SEC. ' ' PAGE 

407. Parks used foi library buildings 300 

408. Prior acts legalized 300 

409. School library tax in cities of 30,000 301 

410. County treasurer reports to board of school commissioners 302 

411. County treasurer's credits 303 

412. Library tax in cities of 15,000 and 30,000 303 

413. Payment of bonds 305 

414. City and town tax for library — Subscription 305 

415. Subscription filed with clerk of circuit court 307 

416. Members of library board — Appointment — Qualifications 307 

417. Certificate of appointment — Oath 309 

418. Organization 309 

419. Library board — Powers 310 

420. Subscription collected — Buildings — Tax 310 

421. Tax, how used 311 

422. Use of library — Certificates of membership — Township may use. . 312 

423. Donation of library 312 

424. Removal of members of board 313 

425. Treasurer's report 313 

426. Repealing section 314 

427. Libraries in cities of 3,500 to 4,000 314 

428. Acceptance of library 314 

429. Payment of taxes 315 

430. Privileges of library 315 

431. Removal of directors 316 

432. Librar:y fund 316 

433. Township trustee in charge 316 

434. Trustee's duties 316 

435. Use of books 317 

436. Where kept 317 

437. When open 317 

438. Tax levy for library 317 

439. Office of librarian abolished 318 

440. Library discontinued 318 

441. Legalizing s^ection 319 



CHAPTER XX. 

GENERAL PROVISIONS. 

•442. Suits, how brought 320 

443. Costs 320 

444. Process, ho^A■ executed 320 

445. Appeals from township trustee 321 

446. Appeals from county superintendent 328 

447. Oaths 324 

448. Women eligible to school offices 324 



CONTENTS. XV 

SEC. PAGE 

449. Bond binding 324 

450. When township trustee elected 324 

451. County commissioners fill vacancy 325 

452. Secret societies — Unlawful 325 



CHAPTER XXI. 

COMPULSORY EDUCATION. 

453. All children must attend school — Age 327 

454. County truant oflicers — Duties — Misdemeanor 327 

455. Truant officers iu cities and towns 328 

456. Compensation of truant oflicers 329 

457. Reports 329 

458. Poor children — Assistance 329 

459. Parental home — Incorrigible child 330 

460. Confirmed truant 330 

461. Tax 331 

462. Enumeration 331 

463. Names of children furnished truant oflicers 331 



CHAPTER XXTI. 

TOWiNTSHIP ADVISORY BOARD. 

464. Advisory board 333 

465. Taxpayers may attend 334 

466. Annual meetings — Expenditures and levy 334 

467. Estimate of expenditures 336 

468. Compensation of board, if desired 337 

469. Special meetings of board 337 

470. Financial record 338 

471. Annual settlement vvith the board 339 

472. Trustee's term 341 

473. New school house — School supplies 341 

474. Trustees' pay 342 

475. Contracts void 343 

476. Appointment of first members of board 343 

477. Publication of receipts and expenditures 343 

478. Legalizing act — Township trustee and advisory board 344 



XVI SCHOOL LAW OF INDIANA. 

CHAPTER XXIII. - 

THE FUND. 

SEC. PAGE 

479. What constitutes :........ 346 

480. Estrays and property adrift o49 

481. Counties liable 349 

482. Account of fund 350 

483. Custody of lands 351 

484. Leasing lands 352 

485. Divided school sections 353 

486. Boundaries of townships 353 

487. School township, when county lines divide. 353 

488. Auditor's statement as to children. ...... 354 

489. Auditor's duty ,,.,..,.,....., 354 

490. Account and distribution , . 355 

491. Duties of the other auditor .■ 355 

492. Account — Readjustment 3.')5 

493. Power of trustee 350 

494. Sale of school lands 356 

495. Proceedings to sell 356 

496. Ballots 357 

497. Results of election 357 

498. Certificate of vote 357 

499. Trustee's duty 357 

500. Order and conduct of sale 358 

501. Terms of sale — Timber 358 

502. Forfeiture— Resale 359 

503. Forfeiture, how prevented 360 

504. Forfeiture — Liability for waste 360 

505. Suit for waste 300 

506. Private sale 360 

507. Reappraise! oent 301 

508. Advertisement of funds 361 

509. Reappraisement of forfeited lauds 301 

510. Appropriation by commissioners 302 

511. Certificate of pu?'chase 302 

512. Rights of purchase ,363 

513. Failure to make payment — Penaltj'^ . 363 

514. Assignment 363 

515. Defective assignUients— Proceedings 364 

516. Loan of purchase money 364 

517. Payment ,365 

518. Lost certifi?ate . 365 

519. Purchase money, where paid 365 

520. Duty of auditor 365 



CONTENTS. iiXVU 

SEC. PAGE 

521. Deed •••••• • • • • ■ ■ • ; .» 365 

522. • Sale— Legalization •••••• • 365 

523. Title, when comnlete 366 

524.. Sale had without vote 366 

525. Compensation on failure of title ... 367 

526. Lands of surplus revenue fund, how sold. 367 

527. Interest — Judgment ,, .: . .. 367 

528.. Advertisement of fuJids 368 

529., County auditor— Penalty •••••• ^68 

530. Auditor's duty 369 

531. Appraisement 369 

532. Duty of appraisers .^ 369 

533. Loans outside of county. 370 

534. Loan of school and university funds 371 

535. Limit of loan 371 

536. Percentage of value of land 371 

537. Length of time 372 

538. County may borrow 372 

539. Note of county — County council 372 

540. Auditor's warrant 373 

541. Rate of interest , 373 

542. Payment of loan 373 

543. Transfer from, one county to another 374 

544. Certilicate as to liens 374 

545. Oath of applicant 375 

546. Time of loan 376 

547. Limit of loan 376 

548. Acknowledgments and oaths 377 

549. Record of mortgages — Priority 377 

550. Auditor's duty 378 

551. Fees 378 

552. Interest unpaid — Auditor's duty 378 

, 553. Collection on default 379 

554. Fund to be specified ■. 380 

555. Form of mortgage 380 

556. Form of note 382 

557. Warrant to borrow ". 382 

558. Payments — Quietus 382 

559. Indorsements and satisfaction 383 

560. Suit for deficiency 383 

561. Notice of sales 384 

562. Manner of sale — Surplus 384 

563. Auditor's bid 386 

564. Sale of lands bid in 387 

565. Reappraisement of forfeited lands 388 

566. Appropriation by commissioners 388 



XVm SCHOOL LAW OP INDIANA. 

SEC. PAGE 

567. Deed by auditor 389 

568. Statement of sales 389 

569. Title iu state without deed 390 

570. Conveyance to county 390 

571. Suit to foreclose 390 

572. Purchase by county 391 

573. Lease of land purchased 391 

574. Sale of land — Appraisement 392 

575. Deeds 393 

576. Sales legalized 393 

577. Act supplemented 393 

578. Cancellation of mortgage 393 

579. Annual report 394 

580. Duty of boards 394 

581. Board's report 395 

582. Disposition of report 396 

583. Apportionment of loans . , 396 

584. Miscellaneous school fund account 396 

585. Distribution and report 397 

586. Penalty against auditor 397 

587. School funds — Expense in making loans 398 

588. Repeal of order 398 

589. Appropriations— County council 398 

590. Repeal 398 



CHAPTER XXIV. 

STATE NORMAL SCHOOL. 

591. Established 399 

592. Trustees — Corporate name 399 

593. Term of office — Vacancies 399 

594. Organization — Officers 400 

595. Donations 400 

596. Location 400 

597. Contract for building 401 

598. Model school 401 

599. Duty of trustees 401 

600. Conditions of admission 401 

601. Tuition fee 402 

602. Principle of management 402 

603. Reports 402 

604. Board of visitors 402 

605. Certificates — Diplomas 403 

60(5. Pay of trustees 403 

607. Pay of treasurer and agent 403 



CONTENTS. XIX 



CHAPTER XXV. 

INDIANA UNIVERSITY. 

SEC. PAGE 

608. Recognized 405 

609. Tax for endowment fund 405 

610. Application of fund 405 

611. Bond of state 406 

612. Loans by si ate auditor 406 

613. Mortgages calien by state auditor 407 

614. State may borrow fund 407 

615. Trustees — Corporate name — Officers — Powers 408 

616. The first trustees 408 

617. The first meeting 409 

618. Vacancies 409 

619. Fay of trustees 409 

620. Trustees of Indiana University 409 

621. Trustees' terms expiring 1891, successors 409 

622. Trustees' terms expiring 1893, successors 410 

623. Registry of alumni 410 

624. Nomination of trustees 411 

625. Annual meeting of alumni 411 

626. Method of voting by alumni 411 

627. Annual meeting 412 

628. Quorum — Temporary appointments 412 

629. Seminary township 412 

630. Interest on loans 413 

631. Faculty— Powers 418 

632. No religious qualifications 413 

633. No sectarian tenets 414 

634. County students 414 

635. Notice to counties 414 

636. Treasurer's bond 414 

637. Board of visitors 414 

638. Visitors not attending to be reported 414 

639. Duties of visitors 415 

640. Duties of secretary 415 

641. Duties of treasurer 415 

642. Report to state superintendent 416 

643. Lectuies by faculty 416 

644. Geological examinations and specimens 416 

645. Printing annual report -. . . . 416 

646. Contents of report 417 

647. Notice of sessions 417 

648. Buildings and repairs 417 

649. Normal department 417 

650. Agricultural department 418 



XX SCHOOL LAW OF INDIANA. 

SBC. PAGE 

651. Scholarships traiisferrable 418 

652. Perpetual scholarships 418 

653. Library 418 

654. State geologist 419 

655. Fund, how derived — Loans 419 

656. Auditor of state to loan — Duty 419 

657. Form of mortgage 420 

658. Form of note. 420 

659. Loans— Security . 420 

660. Interest .... 421 

661. Priority of mortgage 421 

662. Recording of mortgage 421 

663. Certificate as to liens 422 

664. Abstract of title 422 

, 665. Auditor's duty 422 

, 666. Payment 422 

J667. Satisfaction 422 

,^^668. Loans, how collected 423 

669. Judgment 423 

670. Notice of sale. . , 423 

671. Sale 423 

672. When auditor to buy — Resale 424 

673. Limit of bid— Overplus 424 

674. Statement of sale 424 

675. Title in state, without deed 424 

676. Sale for cash— Certificate 424 

677. Sale on credit 425 

678. Fees and damages 425 

679. Accounts— Reports 425 

680. Accounts with borrowers 425 

681. Interest, when loaned 425 

682. Unsold lands 426 

683. Certificate of payment— Patent 426 

684. Leases 426 

685. Commissioners' report 42T 

686. Commissioners' duty 427 

687. Pay of commissioners 427 

688. Patents, and recording 427 

689. Pay for managing fund 427 

690. Extension of payments 428 

691. Forfeiture, how prevented 428 

692. Forfeited lands 428 

693. Appraisement of lands 429 

694. Where filed and recorded 429 

695. Duty of county auditors 429 

696. Notice of sale 429 



CONTENTS. XXI 

SEC. PAGE 

697. Sale 429 

698. Terms of sale 430 

699. PrjA^ale entry 430 

700. Certificate of purchase 430 

701. Certificate to be registered 431 

702. Certificate assignable 431 

703. Forfeiture 431 

704. Surplus 431 

703. Forfeiture, how prevented 431 

706. Land, how redeemed 432 

707. Security 432 

708. Suit for waste 432 

709. Patent on full payment 432 

710. Auditor's report 433 

711. Treasurer's report 433 

712. To pay money to state treasurer 433 

713. Pay of auditor and treasurer 433 

714. Loans '. . 434 

715. Disposition of proceeds 434 

716. Report of sales 434 

717. One trustee to attend sales 435 

718. No member to deal in the lands 435 

719. Trustees to get information - 435 

720. State treasurer collects loans 436 

721. County auditors loan 436 

722. Auditor of state can not loan 436 

723. Counties pay Interest 437 

724. Suit for deficiency after sale 437 



CHAPTER XXVI. 

PUEDUE UNIVERSITY. 

725. Agricultural college scrip 439 

726. The first trustees and original name 439 

727. Sale and investment of scrip 439 

728. Donations accepted • 440 

729. Location 440 

730. Purdue university — Permanent name 441 

731. Corporate name — Powers and duties of trustees 441 

732. Dedication of street 442 

733. Power to dedicate 442 

734. Privileges of John Purdue 442 

735. Amendment or repeal 443 

736. Appointment of trustees 443 



Xxii SCHOOL LAW OF INDIANA. 

SEC. PAGE 

737. Term of 'office 443 

738. Vacancies, bow filled 444 

739. Officers — Treasurer's bond and duties 444 

740. County students 444 

741. Students 445 

742. Investment of fund 445 

743. Gift to establish insti tu.te of technology 446 

744. Farmers' institutes 446 

745. Time and place of holding institutes ' 447 

746. Appropriation 447 

747. Farmers' reading courses 447 

748. Farmers' institute — County warrant 448 

749. Application for warrant — Statement 448 

750. Woman's auxiliary 448 

751. Amount of warrant — How determined 449 

752. Expenses defined 449 

753. False reports — Penalty 450 

754. Supplemental 450 

755. Acceptance of United States grant 450 



CHAPTER XXVII. 

TAX FOE INDIANA AND PUEDUE UNIVEESITIES AND STATE NOEMAL SCHOOL. 

756. Amount of tax — Division 452 

757. Permaiient fund not affected 453 

758. Repeal not to affect taxes then levied 453 

CHAPTER XXVIII. 

STATE EIBKARY. 

759. Management 455 

760. Election of librarian — Term 455 

761. Term of office — Bond 455 

762. Library, when to be kept open 455 

763. Preservation of state documents 455 

764. Legislative papers, preservation 456 

765. Exchanges 456 

766. Misappropriation of books 456 

767. Loan of books 456 

768. Rules and regulations 457 

769. Salaries — Reference librarian — Cataloguer- -Stenographer 457 

770. Report of I'eeeipts and expenditures 457 

771. Removal of Ibrarian or assistants 457 



CONTENTS. XXlll 

SEC. PAGE 

772. Violation of this act, penalty 457 

773. State library — Legislative reference department 458 

774. Reference librarian — Salary 458 

775. Appropriation 458 



APPENDIX. 

PAGE 

Constitution of the State of Indiana 458 

Index to constitution 497 

Laws enacted 1905 and 1907 498 

General index 500 



THE PRESENT REVISION 
1907 

The present edition of tlie School Laws contains the 
laws enacted by the legislatures of 1905 and 1907. The 
laws of these two sessions are indexed in an appendix to 
the general index. By consulting the index in the appendix 
persons interested will have no trouble in finding the new 
laws. : I N'': 

The last session of the legislature was a record-breaker 
in its work done for education. Not for forty years or more 
have the schools fared so well. The teachers got practi- 
cally everything they asked for. The members of the gen- 
eral assembly can not be commended too highly for their 
intelligent, careful consideration of the educational needs 
of the state. The splendid laws enacted will have a far- 
reaching influence in giving Indiana her proper rank in the 
educational world. 

In December, 1905, at the meeting of the state teachers' 
association, the state department of public instruction 
strongly recommended that said association should ask 
the governor of the state to appoint a commission to study 
the educational needs and to make a report to the meeting 
in 1906, which should be the basis for legislation in the 
sixty-fifth general assembly. The request for such a com- 
mission was made and the governor named its members. 
Seven of the laws enacted are the outcome of the recom- 
mendations made by the commission. Without minimiz- 
ing the service rendered by the legislature, the teachers 
of the state can congratulate themselves upon the outcome. 
The fact that they knew what they needed, decided just 
what they would ask for, and, having so decided, concen- 
trated their forces, had much to do with the outcome. It 
all serves to show that with proper organization the teach- 
es) 



4 SCHOOL LAW OF INDIAI^^A. 

ers can have whatever they ask for that is in reason. The 
legislation secured is along the lines that the state depart- 
ment of public instruction has been emphasizing for four 
years. And so the department is highly gratified with the 
recognition of the needs of the schools by the general assem- 
bly and again thanks its members severally and collectively 
a,nd congratulates the school people over the state upon the 
new educational opportunity that has been provided. 

A careful study of the laws will convince the student 
of education that something substantial has been accom- 
plished for the patrons and children as well as for the 
teachers themselves. It will also show that the responsi- 
bility of school officials and school teachers has likewise 
been increased. For the first time in the history of educa- 
tion in Indiana an educational standard providing for 
larger requirements in scholarship and professional train- 
ing on the part of the teachers has been established. The 
poorly prepared and the ''makeshifts" have been elimi- 
nated from the calling. The old laws strengthened and the 
new ones added point strongly to a rapid realization of a 
more equal educational opportunity to all children in the 
state. With these new opportunities and new duties it 
remains to be seen what the schools will accomplish. Cer- 
tainly a great deal remains for the teachers themselves to 
do in order to prove to the legislature that they are worthy 
of the strong manifestations of respect and confidence so 
recently expressed. 

Never in the history of education was public opinion so 
favorable to the teacher. The press has given columns to 
his advocacy. The pulpit has championed his cause. Every 
class of society has raised its voice for better conditions 
for the teacher. And when what has come to the teacher 
out of all this agitation andjegislation is analyzed, it will 
be found that the increase in wages will be of small moment 
compared to the uplift that has come from the strong ex- 
pressions of respect and confidence from men and women 
whose good will is prized above all things. 



COUNTY SUPERINTENDENTS OF INDIANA, 



ELECTED JUNE 3, 1907, FOR FOUR YEARS. 



County. 




Address. 



Adams 

Allen 

Bartholomew 

Benton 

Blackford . . . . 

Boone 

Brown 

Carroll 

Cass 

Clark 

Clay 

Clinton 

Crawford . . . . 

Daviess 

Dearborn . . . . 

Decatur 

Dekalb 

Delaware . . . . 

Dubois 

Elkhart 

Fayette 

Floyd . _. 

Fountain. . . . 

Franklin 

Fulton 

Gibson 

Grant 

Greene 

Hamilton. . . . 

Hancock 

Harrison 

Hendricks. . . 

Henry 

Howard 

Huntington. . 

Jackson 

Jasper 

Jay 

Jefferson 

Jennings 

Johnson 

Knox 

Kosciusko. . . 
Lagrange. . . , 

Lake 

Laporte 

Lawrence. . . , 

Madison 

Marion 



Lawrence E. Opliger. 

Henry G. Felger 

Charles E. Talkington. 
Charles H. Dodson. . . . 

Finley Geiger 

Edward C. GuUion 

William L. Coffey 

Philip B. Hemmig. . . . 

WiUiam H. Haas 

Samuel L. Scott 

Willis E. Akre 

Oscar S. Baird 

Stuart A. Beals 

Benjamin J. Burris. . . 

Solomon K. Gold 

Edgar Mendenhall. . . . 

Henry E. Coe 

Charles A. Van Matre . 

William Melchior 

A. E. Weaver 

Claude L. Trusler 

Roy L. White 

M. F. Livengood 

August J. Reifel 

John C. Werner 

John L. Fulling 

Alonzo G. Brumfiel. . . 
Christian Danielson. . . 

John F. Haines 

Frank Larrabee 

Amzie P. Kannapel. . 

Guy M. Wilson . . . 

Harry B. Roberts 

E. E.'Robey 

IraB. Potts 

Jeremiah E. Payne. . . 

Ernest Lamson 

WiUiam R. Armstrong 

Charles T. FeweU 

John Clerkin 

Jesse C. Webb 

Wm. M. Alsop 

Edson B. Sarber.. 

Theodore A. Norris. . . 

Wilbur R. Curtis 

Elmer G. Bunnell 

Ralph N. Tirey 

James W. Frazier 

John R. Carr 



Decatur. 

Fort Wayne. 

Columbus. 

Fowler. 

Hartford City. 

Lebanon. 

Nashville. 

Delphi. 

Logansport. 

JeffersonvUle. 

Brazil. 

Frankfort. 

EngUsh. 

Washington. 

Lawrenceburg. 

Greensburg. 

Auburn. 

Muncie. 

Jasper. 

Goshen. 

Connersville. 

New Albany. 

Covington. 

Brookville. 

Rochester 

Princeton. 

Marion. 

Switz City. 

NoblesviUe. 

Greenfield. 

Corydon. 

Danville. 

New Castle. 

Kokomo. 

Huntington. 

Brownstown. 

Rensselaer. 

Portland. 

Madison. 

Vernon. 

Franklin. 

Vincennes. 

Warsaw. 

Lagrange. 

Crown Point. 

Laporte. 

Bedford. 

Anderson. 

Indianapolis 



SCHOOL LAW OF INDIANA. 



County. 



Name. 



Address. 



50 

51 

52 

*53 

54 

*55 

*56 

*57 

*58 

*59 

*60 

*61 

62 

63 

*64 

*65 

*66 

*67 

68 

69 

*70 

*71 

*72 

73 

*74 

*75 

*76 

*77 

*78 

79 

*80 

81 

82 

83 

*84 

85 

. 86 

*87 



*90 
*91 
*92 



M3,rshall 

Martin 

Miami 

Monroe. . . . . 
Montgomery . 

Morgan 

Newton 

Noble 

Ohio 

Orange 

Owen 

Parke 

Perry 

Pike ,.. 

Porter 

Posey 

Pulaski 

Putnam .... 
Randolph. . . 

Ripley 

Rush 

Scott 

Shelby 

Spencer. . . . 

Starke 

St. Joseph. . . 
Steuben. . . . 
Sullivan. . . . 
Switzerland . 
Tippecanoe . . 

Tipton 

Union 

Vanderburgh 
Vermillion. . 

Vigo 

Wabash. . . . 

Warren 

Warrick .... 
Washington., 

Wayne 

Wells 

White 

Whitley 



Lewis E. Steinebach . 

John Armstrong 

E. B. Wetherow 

Harry O. Buzzaird. . . 

Otis E. Hall 

W. D. Curtis 

W. L. Kellenberger . . 
William A. Beane . . . 
Reuben M. Richmond 
Claude L. Rankin. . . 
William H. Stone.... 
Jesse M. Neet 

WiliiamS.' Corn ."!.'!! 
Samuel C. Ferrell. . . . 
William O Wilson . . . 
John H. Reddick. . . . 

Oscar Thomas 

Lee L. Driver 

Hale Bradt 

William O. Headlee . . 
James A. Boatman . . 
William Everson. . . . 
Ulysses S. Lindsey . . 
Elmer E. Rodgers. . . 

William Clem 

Homer Dilworth 

Richard Park 

E. E. Scudder 

Brainard Hooker. . . . 
Larkin D. Summers. . 

Eli P. Wilson 

Floyd C. Ragland . . . 

John B. Butler 

J. S. Hubbard . . 

Robert K. Devricks. . 

Harry Evans 

Andrew J. Hopkins. . 

Orra Hopper 

Charles W. Jordan. . . 
Arthur R. Huyette.. . 

Henry J. Reid 

George H. Tapy 



Plymouth. 

Shoals. 

Peru. 

Bloomington. 

Crawfordsville. 

Martinsville. 

Kentland. 

Albion. 

Blue. 

Orleans. 

Spencer. 

RockvUle. 

Augusta. 

Valparaiso. 

Mt. Vernon. 

Winamac. 

Greencastle. 

Winchester. 

Versailles. 

Rushville. 

Scottsburg. 

Shelbyville. 

Rockport. 

Knox. 

South Bend. 

Angola. 

Sullivan. 

Vevay. 

Lafayette. 

Tipton. 

College Corner, Ohio. 

Evansville. 

Newport. 

Terre Haute. 

Wabash. 

Williamsport. 

Boonville. 

Salem. 

Richmond. 

Bluffton. 

Monticello. 

Columbia City. 



* Re-elected. 



SCHOOL LAW OF INDIANA. 

CHAPTER I. 

C0]SS1ITUTI0NAL PROVISIONS. 



Sec. 

1. Common schools. 

2. Common school fund . 

3. Principal, a perpetual fund. 

4. Investment and distribution. 



Sec. 

5,. Reinvestment. 

6. Counties — Liability. 

7. Trust funds inviolate. 

8. Superintendent of public instruction. 



ARTICLE VIII. 

[In force November 1, 1851 ] 

1. Common schools. 1. Knowledge and learning gen- 
erally diffused throughout a community being essential to 
the preservation of a free government, it shall be the duty 
of the general assembly to encourage, by all suitable means, 
moral, intellectual, scientific and agricultural improvement, 
and to provide by law for a general and uniform system of 
common schools, wherein tuition shall be without charge 
and equally open to all. (R. S. 1881 ; § 182 ; R. S. 1901, § 182 ; 
R. S. 1897, § 182.) 

1. Schools a state institution. Under our former constitution we had 
tn'O systems of common schools, the general and local ; but the local broke 
down the general system, and neither had flourished. This was an evil 
distinctlj' in the view of the convention which framed the new constitu- 
tion, and it was determined that the two systems should no longer co- 
exist; that the one general system should continue, strengthened by addi- 
tional aids, and that the counteracting local systems should go out of ex- 
istence. Common schools, as a whole, are made a state institution — a 
system co-extensive with the state, embracing within it every citizen, every 
foot of territory, and all the taxable property of the State. — City of La- 
fayette V. Jeuners, 10 Ind. 76 and 77 ; Greencastle Tp. v. Black, 5 Ind. 557. 

2. General. Our common school system must be general, that is, it 
must extend over and embrace every portion of the state. — Corey v. Car- 
ter, 4S Ind. 358. 

3. Uniform. It must be uniform. This is secured when all the schools 
of the same grade have the same system of government and discipline, the 
same branches of learning taught, and the same qualifications for admis- 
sion. — Corey v. Carter, 48 ind. 358. 

4. Classification. The schools must be equally open to all. But the 
legislature may classify the pupils to be admitted, with reference to age, 
sex, advancement and branches of study to be pursued, and may designate 
to what schools and what school houses the different ages, sexes and de- 



8 SCHOOL LAW OF INDIANA. 

grees of proficiency shall be assigned. — Corey v. Carter, 48 Ind. 358; 175 
U. S. 528. 

5. Colored pupils. To require the white and colored children to be 
taught separately, provision being made for the education of each in the 
same branches, according to age, capacity or advancement, with capable 
teachers, does not amount to a denial of equal privileges to either, or con- 
flict with the open character of the system required by the constitution. — 
Corey v. Carter, 48 Ind. 358, 

6. Legislature does jstot levy. The above section does not require the 
legislature to levy all school taxes nor prohibit it from providing by gen- 
eral law for the levying of school taxes by the local school authorities.— 
Robinson v. Schenck, 102 Ind. 307. 

7. Legislative power. The legislature is given full power under this 
section to provide for i\ general and uniform system of common schools, 
and such power necessarily resides in it, although it be not given by the 
constitution. It jnay prescribe the course of study and the system of in- 
struction that shall be pursued and adopted, as well as the books which 
shall be used.— State v. Haworth, 122 Ind. 462. 

8. Compulsory education. The law relating to compulsory education 
does not imriuge upon this section of the constitution. — State v. Bailey, 
157 Ind. 324; Gl N. E. Rep. 730. 

9. Legislative duty. "The matter of education is deemed a legitimate 
function of the state, and with us is imposed upon the legislature as a 
duty by imperative provisions of the constitution. * * * The subject 
has always been regarded as within the purview of legislative authority. 
How lar this interference should extend is a question, not of constitutional 
power for the courts, but of exi'ediency and propriety, which it is the sole 
province of the legislature to determine. I'he judiciary has no authority 
to interfere with this exercise of legislative judgment; and to do so would 
be to invade the province which by the constitution is assigned exclusively 
to the law-making power."' — State v. Clotter. .33 Ind. 409, 411 ; see State 
V. Bailey, 157 Ind. 324, 330 ; 61 S. E. Rep. 730. 

10. "Vaccination. This section does not prevent a local board of health 
under R. S. 1901, section 6718, requiring all school children to be vacci- 
nated as a sanitary condition imposed upon their privilege of attending 
school during a period threatened with an epidemic of smallpox. — Blue v. 
Beach, 155 Ind. 121; 56 N. E. Rep, 89, 

2. Common school fund. 2, The common school fund 
shall consist of the congressional township fund and the 
lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one 
hundred and fourteenth section of the charter of the state 
bank of Indiana; 



SCHOOL LAW OF INDLA.NA. if 

The fund to be derived from the sale of county semina- 
ries, and the moneys and property heretofore held for such 
seminaries; for the fines assessed for breaches of the penal 
laws of the state, and from all forfeitures which may ac- 
crue; 

All lands and other estate which shall escheat to the state 
for want of heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to 
the state when no special purpose is expressed in the grant, 
and the proceeds of the sales thereof, including the proceeds 
of the sales of the swamp lands granted to the state of In- 
diana by the act of congress, of the twenty-eighth day of 
September, one thousand eight hundred and fifty, after de- 
ducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be as- 
sessed by the general assembly for common school pur- 
poses. (R. S. 1881, § 183; R. S. 1901, § 183; R. S. 1897, 
§ 183.) 

1. Consolidation void. In so far as this section attempts to consolidate 
the congressional township fund with other funds, it is inoperative. The 
provisions of the school law of 1852, which were designed in pursuance 
of this section to effect such consolidation, are in contravention of the sub- 
sequent section 7, and of the congressional grant to the townships. — State 
V. Springfield Tp., 6 Ind. 83 ; Davis v. Indiana, 94 U. S. 792. 

2. Sale of seminaries void. The provisions authorizing the sale of 
county seminaries is void, impairing the obligation of contracts. — Edwards 
V. Jagers, 19 Ind. 407. Compare Heaston v. The Board, 20 Ind. 398. 

8. Penalties. The fact that a penalty under R, S. 1901, § 8465, for 
making a false tax list, is to be paid into the county treasury, for the use 
of the county, does not bring the statute into conflict with this section of 
the constitution, for such penalty is not a fine in the sense of the word 
as there used. Burgh v. State, 108 Ind. 132. So the statute turning over 
certain fines assessed for immorality, to the Home for Friendless Women, 
is valid, sec. 0243, R. S. 1S81 ; R. S. 1901, § 8346.— City of Indianapolis v. 
Indianapolis Home, 50 Tud. 215. 

4. Escheated real estate. Under this section it is "the fund to be 
derived froin the sale of esche&ted real estate," and not such real estate 
itself, which becomes a part of the common school fund. — State v. Meyer, 
62 Ind. 33. 

5. EsTRAYS. Money arising from the sale of estrays and property adrift, 
belongs to the school fund by virtue of the act of 1844, p. 86, and R. S. 1881, 
§ 235 : R. S. 1901, § 235 : R. S. 1897, § 235. 

6. See § 479 and notes. 



10 SCHOOL LAW OF INDIANA. 

7. Telegraph penalties. Penalties recovered under R, S. 1901, §§ 5511, 
5512, from telegraph companies do not come under the above section. West- 
ern Union Telegraph Co. v. Ferguson, 157 Tnd. 37, 40; 60 N. E. Rep. 679; 
Judy V. Thompson, 156 Ind. 533 ; 60 N. E. Rep. 270. See State v, Indiana, 
etc.; R. R. fJo.. 133 Ind. 69 r Toledo, etc., R. R. Co. v. Stephenson, 131 Ind. 
203; Burgh v. State, lOS Ind, 132; Pennsylvania Co. v. State, 142 Ind. 428. 

8. Taxing school lands. School lands while held by the townships 
can not be taxed for any ])uvpose. — Edgerton v. Huntington Tp., 126 Ind. 
261. 

3. Principal, a perpetual fund. 3. The principal of the 
common school fund shall remain a perpetual fund, which 
may be increased, but shall never be diminished ; and the in- 
come thereof shall be inviolably appropriated to the sup- 
port of common schools and to no other purpose whatever. 
(R. S. 1881, § 184; E. S. 1901, § 184; E. S. 1897, § 184.) 

1. Diversion. This "fund must be devoted to the support of the com- 
mon schools, without the diversion from it of a penny for any other pur- 
pose whate^ er."— Board v. State, 120 Ind. 282 ; .Hoard v. State, 116 Ind. 
329. 

2. Authority of courts to investigate. The money due the school 
fund can not, by any legislative contrivance, be kept out of it, nor can any 
legislative scheme be framed that will preclude the courts from ascertain- 
ing the facts. No official statement can preclude the proper authorities and 
erect a barrier between them and the way to a recovery of money which 
the constitution imperatively ordains shall inviolably and without diminu- 
tion be preserved for school purposes. A statute making the statement of 
the county auditors as to the amount of school funds held In trust by their 
respective counties, when approved by the superintendent of public instruc- 
tion, "conclusive evidence of the facts therein contained," is unconstitu- 
tional.— Board V. State, 120 Ind. 282. 

4. Investment and Distribution. 4. The general as- 
sembly shall invest, in some safe and profitable manner, all 
such portions of the common school fnnd as have not here- 
tofore been entrusted to the several counties, and shall 
make provision by law, for the distribution among the sev- 
eral counties of the interest thereof. (E. S. 1881, § 185; E. 
S'. 1901, § 185; E. S. 1897, § 185.) 

1. "Invest" defined. The word "invest" is construed as broad enough 
to cover loans made by counties, and that the fund may be entrusted to 
them for that purpose, but it does not restrict to that mode of investment. — 
Shoemaker v. Smith, 37 Ind. 122. 



SCHOOL LAW OF INDIANA. 11 

5. Reinvestment. 5. If any county shall fail to de- 
mand its proportion of such interest, for common school 
purposes, the same shall be reinvested for the benefit of 
such county. (E. S. 1881, § 186; R. S. 1901, § 186; R. S. 
1897, § 186.) 

6. Counties — liability. 6. The several counties shall 
be held liable for the preservation of so much of said fund 
as may be entrusted to them, and for the payment of the 
annual interest thereon. (R. S. 1881, § 187; R. S. 1901, 
§187; R. S. 1897, §187.) 

1. Rents. A county is liable for rents derived from unsold congres- 
sional township lands. — Davis v. Board, 44 Ind. 38 ; Board v. State, 116 
Ind. 329. 

2. SxHT. An action may be sustained in the name of the state on the 
relation of the board of county commissioners to recover rent received by 
a township trustee for the lease of unsold school lands belonging to the 
sixteenth section, and not paid by such trustee into the county treasury. — • 
Davis V. Board, 44 Ind. 38; Davis v. Indiana, 94 U. S. (4 Otto) 792. 

3. Money foe the rent of unsold school lands. Money derived from 
the rents of unsold school lands belonging to the sixteenth section is to be 
paid into the county treasury, to insure its just and equitable distribution 
to the inhabitants of the congressional township in which such section lies. 
— Davis V. Board, 44 Ind. 38. 

4. Policy of the law. It is the pplicy of the law that all school reve- 
nues are to be distributed to the beneficiaries thereof through and from 
the county treasurer to the proper officers of the various school corpora- 
tions — cities, towns and civil townships. — Davis v. Board, 44 Ind. 38. 

5. Reimbuesing county. If a county pay out interest on a loan it has 
made, and has bought in the laud when the land is sold, it may reimburse 
itself out of the proceeds of the sale after the loan is satisfied.— Board v. 
State, 122 Ind. 333. 

7. Trust funds inviolate. 7. All trust funds held by 
the state shall remain inviolate and be faithfully and ex- 
clusively applied to the purposes for which the trust was 
created. (R. S. 1881, § 188; R. S. 1901, § 188; R. S. 1897, 
§ 188.) 

1. Expense of management. The constitution requires the counties to 
bear the expense of managing the school fund ; and if they pay out any 
part of the fund for such expense they are liable to make the loss good. — 
Board v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176; State v. 
Board. 90 Ind. 359 ; Board v. State, IK? Ind. 329 ; Board v. State, 138 Ind. 
395. 



12 SCHOOL LAW OF INDIAKA. 

2. DlEECT TRUST — STATUTE OF LIMITATIONS INOPEEATI%'E. The COUnty, in 

receiving and disbursing tlie school fund, acts as the trustee of a direct 
trust, and against such trust the defense of the statute of limitations can 
not be interposed. — Board v. State, 108 Ind. 497; Board v. State, 106 Ind. 
270. 

3. Settlement between commissioners and county officer does not 
coNCLt^DE THE STATE. A Settlement between the board of commissioners 
and a county auditor or other countj' ofiicer does not conclude the state 
from maintaining an action to recover school funds unlawfully paid to an 
officer by the board.— jioard v. State, 103 Ind. 497; Board v. State, 106 
Ind. 270; Board v. State, 116 Ind. 329: Board v. State, 106 Ind. 531. 

4. Duty of commissioners — Fees — Counsel — Interest. It is the duty 
of the board of commissioners to prosecute an action against a township 
trustee who refuses to account for the income of land belonging to the 
congressional township fund, and in the discharge of that duty it is proper 
for the board to employ attorneys and pay reasonable fees for their serv- 
ices out of the proper funds ; but such fees can not be paid out of the 
moneys recovered in such proceedings, as such moneys, under the com- 
pact between the United States and the state of Indiana, and under section 
3 of article 8 of the state constitution (section 3 above), are inviolably ap- 
propriated to the inhabitants of the proper township for the use of the 
common schools, and for any deduction made therefrom for attorneys' 
fees or otherwise the county is liable, under sections 6 and 7 of the article 
cited (sections G and 7 above) with interest from the date of diversion. 
Attorneys' fees should be paid out of the general county fund. — Board v. 
State, 116 Ind. 329. See State v. Board, 5 Ind. App. 220. 

5. The grant was a contract. The grant, by congress, of the six- 
teenth section to the inhabitants of the congressional townships, respect- 
ively, was a contract executed and incapable of revocation by the legisla- 
ture. — State v. Springfield Tp., 6 Ind. 83 ; Quick v. Whitewater Tp., 7 Ind. 
570; Quick v. Springfield Tp., 7 Ind. 636; Springfield Tp. v. Quick, 22 
How. 56. The school law of 1855 was held valid. — Quick v. Springfield Tp., 
7 Ind. 636. 

8. Superintendent of Public Instruction. 8. The gen- 
eral assembly shall provide for the election, by the voters 
of the state, of a state superintendent of public instruction, 
who shall hold his office for two years, and whose duties 
and compensation shall be prescribed by law. (R. S. 1881, 
§ i89; R. S. 1901, § 189; R. S. 1897, § 189.) 



SCHOOL LAW OF lOTDLAJTA. 



13 



CHAPTEE 11. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Sec 




Sec 




9. 


Superintendent . 


16. 


Supervision of school funds 


10 


Commencenient of term — Oath. 


17. 


May require reports. 


11. 


Duties — Office — Clerks. 


18. 


Blanks and forms. 


12. 


Report to governor. 


19. 


Forms of bookkeeping. 


13. 


Report to general assembly. 


20. 


Shall publish school law. 


14. 


Duties. 


21. 


Journals, etc., to libraries. 


15. 


Traveling expenses. 







[1865, p. 3. Approved and in force March 6, 1865.] 

9. Superintendent — Election. 119. There shall be 
elected by the qualified voters of the state, at a general elec- 
tion, a state superintendent of public instruction, who shall 
hold his office for two years. (R. S. 1881, § 4406; R. S. 1901, 
§ 5835; R. S. 1897, § 5997.) 

1. Salakies. The salary of the state superintendent of public instruc- 
tion is $3,000 per annum. The salary of the assistant superintendent is 
$2,000 ; of the first deputy, $1,500 ; of the second deputy, $1,200, and of the 
stenographer, $720. 

10. Commencement of term — Oath. 120. His official 
term shall commence on the fiLfteenth day of March suc- 
ceeding his election. He shall take and subscribe the oath 
prescribed by law; which proceeding shall in all things con- 
form to the law relative to the oaths of public officers. (R. 
S. 1881, § 4407; R. S. 1901, § 5836; R. S. 1897, § 5998.) 

11. Duties — Office — Clerks. 121. The superintendent 
shall be charged with the administration of the system of 
public instruction and a general superintendence of the 
business relating to the common schools of the state, and of 
the school funds and school revenues set apart and appro- 
priated for their support. A suitable office shall be furnished 
for him at the seat of government, in which the books, pa- 
pers and effects relating to the business of said office shall 
be kept; and there he shall give reasonable attendance to 
the busiaess and duties of the office. He shall render an 



14 SCHOOL LAW OF INDIANA. 

opinion in writing, to any school officer asking the same, 
touching the administration or construction of the school 
law. He is hereby authorized to employ two clerks for 
said office, to be paid as the clerks of the office of the auditor 
of state are paid ; and the sum of eighteen hundred dollars 
is hereby annually appropriated for that purpose. (R. S. 
1881, § 4408; R. sl 1901, § 5837; E. S. 1897, § 5999.) 

1. Opinions. He is not bound to give opinions except to school oflB- 
ciers — that is county auditors, county treasurers and superintendents, 
township trustees, school directors, and school trustees of towns and cities. 
But the courtesy of superintendents has established the custom of answer- 
ing questions touching the construction and administration of the school 
laws for all who need such information. 

2. His opinions not a defense. It has been decided that depositing 
funds in a solvent bank, by advice of state and county superintendents 
and county board, if loss result, is no defense to the trustee depositing.— 
Inglis V. State, 61 Ind. 212. 

3. His opinion entitled to consideration. When a law admits of dif- 
ferent constructions, it is well settled that the usage under it and the prac- 
itcal construction of it for a series of years, is entitled to great weight, 
and sometimes may be decisive. — ^Appeal of Cottrell, 10 R. I. 615. 

12. Report to governor. 122. In the month of January 
in each year in which there is no regular session of the gen- 
eral assembly, he shall make a brief report, in writing, to 
the governor, indicating, in general terms, the enumeration 
of the children of the state for common school purposes, 
the additions to the permanent school fund within the 
year, the amount of school revenue collected within the 
year, and the amounts apportioned and distributed to the 
schools. (R. S. 1881, § 4409; R. S. 1901, § 5838; R. S. 1897, 
§ 6101.) 

13. Report to general assembly. 123. At each regular 
session of the general assembly, on or before the fifteenth 
day of January, said superintendent shall present a biennial 
report of his administration of the system of public instruc- 
tion, in which he shall furnish a brief exhibit — 

First. Of his labors, the results of his experience and ob- 
servation as to the operation of said system, and suggest 
the remedy for observed imperfections. 



SCHOOL LAW OF INDIANA. 15 

Second. Of the amomit of the permanent school funds, 
and their general condition as to safety of manner of in- 
vestment; the amount of revenue annually derived there- 
from, and from other sources; estimates for the following 
two years ; and the estimated value of all other property set 
apart or appropriated for school purposes. 

Third. Of such plans as he may have matured for the 
better organization of the schools, and for the increase, safe 
investment, and better preservation and management of 
the permanent school funds and for the increase and more 
economical expediture of the revenue for tuition. 

Fourth. He shall present a comparison of the results of 
the year then closing with those of the year next preceding, 
and, if deemed expedient, of years preceding that, so as to 
indicate the progress made in the business of public in- 
struction. 

Fifth. He shall furnish such other information relative 
to the system of public instruction — the schools, their per- 
manent funds, annual revenues, etc., as he may think to be 
of interest to the general assembly. 

He shall append to said report statistical tables, com- 
piled from the materials transmitted to his office by the 
proper officers, with proper summaries, averages and totals 
appended thereto. He shall append a statement of the semi- 
annual collections of school revenue, and his apportion- 
ment thereof; and, when he deems it of sufficient interest to 
do so, he shall append extracts from the correspondence of 
school officers, tending to show either the salutary or de- 
fective operation of the system or of any of its parts; and 
shall cause ten thousand copies to be printed and distrib- 
uted to the several counties of the state. (R. S. 1881, 
§ 4410; E. S. 1901, § 5039; R. S. 1897, § 6102.) 

14. Duties. 124. He shall visit each county in the 
state at least once during his term of office, and examine the 
auditor's books and records relative to the school funds and 
revenues, with a view to ascertain the amount and the 
safety and preservation of said funds and revenues; and 



16 SCHOOL LAW OF LNDIANA. 

for that purpose he shall have access to, and full power to 
require for inspection the use of the books and papers of 
the auditor's office. Whenever he may discover that any 
of the school funds are unsafely invested and unproductive 
of school revenue, or that any of the school revenues have 
been diverted from their proper objects, he shall report the 
same to the general assembly. He shall meet with such 
school officers as may attend his appointment, counseling 
with the teachers, and lecturing upon topics calculated to 
subserve the interests of popular education. (E. S. 1881, 
§ 4411; R. S. 1901, § 5840: R. S. 1897, § 6103.) 

15. Traveling expenses. 125. He shall receive, for 
traveling and other expenses while traveling on the busi- 
ness of the department, a sum not exceeding six hundred 
dollars per annum, and an appropriation of that amount is 
hereby made for that purpose annually. (R. S. 1881, § 4412 ; 
R. S. 1901, § 5841; R. S. 1897, § 6104.) 

1. Note. The traveling expense fund is by appropriation $1,000.00 ; the 
office expense fund is also $1,000.00. 

16. Supervision of school funds. 126. He shall exer- 
cise such supervision over the school funds and revenues as 
may be necessary to ascertain their safety, and secure their 
preservation and application to the proper object; and 
cause to be instituted in the name of the State of Indiana, 
for the use of the proper fund or revenue, all suits neces- 
sary for the recovery of any portion of said funds or reve- 
nues, it is hereby made the duty of the proper circuit 
prosecuting attorney to prosecute all such suits at the in- 
stance of the superintendent, and without charge against 
said funds or revenue. (R. S. 1881, § 4413; R. S. 1901, 
§5842;R. S. 1897, § 6105.) 

1. May employ attorney. This section authorizes the state superin- 
tendent and auditor of state to employ an attorney to collect a claim due 
the school fund, and their contract in this behalf is the contract of the 
state.— State v. Sims, 76 Ind. 328. 

17. May require reports. 127. He may require of the ■ 
county auditors, county superintendents, county treasurers, 



SCHOOL LAW OF INDLAJS^A. 17 

trustees, clerks and treasurers, copies of all reports re- 
quired to be made by them, and all such other information 
in relation to the duties of their respective offices, so far as 
they relate to the condition of the school funds, revenues 
and property of the common schools and the condition and 
management of such schools, as he may deem important. 
(R. S. 1881, § 4414; R. S. 1901, § 5843; R. S. 1897, § 6106.) 

18. Blanks and forms. 128. He may prepare, and 
transmit to the proper officers, suitable forms and regula- 
tions for making all reports, and the necessary blanks there- 
for, and all necessary instructions for the better organiza- 
tion and government of common schools, and conducting all 
necessary proceedings under this act. (R. S. 1881, § 4415; 
R. S. 1901, § 5844; R. S. 1897, § 6107.) 

19. Forms of bookkeeping. 102. Forms and modes of 
bookkeeping shall, from time to time, be prescribed for 
county auditors and county treasurers by the state superin- 
tendent of public instruction. (R. S. 1881, § 4416; R. S. 
1901, § 5845; R. S. 1897, § 6108.) 

20. Shall publish school laws. 129. He shall cause as 
many copies of the acts of the general assembly in relation 
to the common schools or the school funds, with necessary 
forms, instructions, and regulations, to be from time to time 
printed and distributed among the school townships as he 
shall deem the public good requires. (R. S. 1881, § 4417; 
R. S. 1901, § 5846; R. S. 1897, § 6109.) 

21. Journals, etc., to libraries. 130. He shall supply 
each common school library with the legislative and docu- 
mentary journals, and the acts of each session of the gen- 
eral assembly and his own annual reports. At the expira- 
tion of his term of office he shall deliver to his successor 
possession of the office, and all books, records, documents, 
papers, and other articles pertaining or belonging to his of- 
fice. (R. S. 1881, § 4418; R. S. 1901, § 5847; R. S. 1897, 
§6110.) 



18 



SCHOOL LAW OF INDIANA. 



CHAPTER III. 

STATE BOARD OF EDUCATION. 



Sec. 

22. State board of education. 

23. Duties and powers. 



Sec. 

24. State certificate. 

25. Pay and mileage of board. 



[]899, p. 426. Approved March 4, 1899. In force April 28, 1899.] 

22. State board of education. 153. The governor of 
the state, the state superintendent of public instruction, the 
president of the state university, the president of Purdue 
university, the president of the state normal school, the su- 
perintendent of common schools of the three largest cities 
in the state, and three citizens of prominence actively en- 
gaged in educational work in the state, appointed by the 
governor, at least one of whom shall be a county superin- 
tendent, none of whom shall be appointed from any county 
in which any other member of the state board of education 
resides, or from which any other member was appointed, 
shall constitute a board to be denominated the Indiana 
.state board of education. The three members to be appoint- 
ed by the governor shall be appointed immediately upon 
the taking effect of this act. One of such members shall be 
appointed for one year, one for two years and one for three 
years from the date of his appointment, and each of said 
appointees shall serve until his successor shall have been 
appointed and qualified ; and after the first appointment the 
governor shall annually appoint one such member to serve 
for the term of three years, to take the place of the member 
whose term shall have then expired ; and the governor shall 
further have power to fill all vacancies that may occur in 
the office of any such member who holds his office by ap- 
pointment from the governor. The size of the cities shall, 
for this purpose, be determined by the enumeration of chil- 
dren for school purposes annually reported by school exam- 
iners to the superintendent of public instruction. The super- 
intendent of public instruction shall, ex officio, be president 



SCHOOL LAW OF INDIANA. 19 

of the board, and in his absence the members present shall 
elect a president pro tempore. The board shall elect one of 
its members secretary and treasurer, who shall have the 
custody of its records, papers and effects, and shall keep 
minutes of its proceedings: Provided, That such records, 
papers, effects and minutes shall be kept at the office 
of the superintendent, and shall be open for his inspection. 
The said board shall meet upon the call of the presi- 
dent, or a majority of its members, at such place in 
the state as may be designated in the call, and shall devise, 
adopt and procure a seal, on the face of which shall be the 
words ' ' Indiana State Board of Education, ' ' and such other 
device or motto as the board may direct, an impression and 
written description of which shall be recorded on the min- 
utes of the board and filed in the office of the secretary of 
state, which seal shall be used for the authentication of the 
acts of the board and the important acts of the superintend- 
ent of public instruction. 

1. The fiesx board. When first created in 1852 the board consisted of 
the superintendent of public instruction and the governor, secretary, treas- 
urer and auditor of state. In 1855 the attorney-general was added. It re- 
mained merely a board of state officers, but little interested in or con- 
versant with educational affairs, and exerting no appreciable influence. As 
a board of professional educators, independent of politics, it has been a 
valuable agent in our educational progress. 

2. Board of school book commissioners. The members of the state 
board of education are also, by virtue of their office, members of the state 
board commissioners for school books. See section 32. 

[1865, p. 3. Approved and in force March 6, 1865.] 

23. Duties and powers. 154. Said board, at its meet- 
ings, shall perform such duties as are prescribed by law, 
and may make and adopt such rules, by-laws and regula- 
tions as may be necessary for its own government, and for 
the complete carrying into effect the provisions of the next 
section of this act, and not in conflict with the laws of the 
state, and shall take cognizance of such questions as may 
arise in the practical administration of the school system 
not otherwise provided for, and duly consider, discuss, and 

[2] 



20 SCHOOL LAW OF INDIANA. 

determine the same. (E. S. 1881, § 4421 ; E. S. 1901, § 5850; 
E. S. 1897, § 6113.) 

1. County superintendent. It is the duty of the county superintend- 
ent to carry out the instructions of the state board and state superintend- 
ent. 

[1865, p. 3. Approved and in force March 6, 1865.] 

24. State certificates. 155. Said board may grant state 
certificates of qualification to such teachers as may, upon 
a thorough and critical examination, be found to possess 
eminent scholarship and professional ability, and shall fur- 
nish satisfactory evidence of good moral character. Thej^ 
shall hold stated meetings, at which they shall examine all 
applicants, and those found to possess the qualifications 
herein above named shall receive such certificate, signed by 
the president of the board, and impressed with the seal 
thereof; and the said certificate shall entitle the holder to 
teach in any of the schools of the state without further 
examination, and shall also be valid during the lifetime of 
said holder, unless revoked by said board. Each applicant 
for examination shall, on making application, pay to the 
treasurer of the board five dollars as a fee. (E. S. 1881, 
§ 4422; E. S. 1901, § 5851; E. S. 1897, § 6114.) 

GRADES OF LICENSES. 

1. Life state license foe geaduates of highee institutions of leaen- 
iNG ONLY. The state board of education revised its rules governing appli- 
cants for life state licenses by the addition of the following resolutions : 

First. All graduates of higher institutions of learning in Indiana, or 
other institutions of equal rank in other states approved by this board, 
which require graduation from commissioned high schools, or the equiv- 
alent of the same, as a condition of entrance, which maintain standard 
courses of study of at least four years, and whose work, as to scope and 
quality, is approved by the state board of education, shall, on complying 
with the conditions enumerated below, be entitled to life state licenses to 
teach in Indiana : Provided, however. That graduation by the applicant 
shall have been accomplished by not less than three years' resident study 
and by thorough, extended examinations in all subjects pursued privately 
and for which credit has been given by the institution: And, provided, 
further, That the requirement as to three years' resident study shall ap- 
ply only to applicants graduating after January 18, 1900. 



SCHOOL LAW OF ITTOIANA. 21 

Second. Such applicants must have held one or more sixty months' 
licenses or a professional license- 
Third. They must present to the state board of education satisfactory 
written testimonials from competent superintendents, special supervisors, 
teachers, or other school officials to the effect that they have taught and 
managed a school or schools successfully for a period of not less than 
thirty months, at least ten of which shall have been in Indiana. 

Fourth. They must pass thorough, satisfactory examinations in any 
three of the following subjects: (1) General history of education; (2) 
the school system and the school law of Indiana; (3) educational psychol- 
0^5''; (4) experimental psychology and child study; (5) leading school sys- 
tems of Europe and America; (6) science of education, and (7) the prin- 
ciples and methods of instruction. 

Fifth. Before entering upon the examination, such applicants shall pre- 
sent to the state board of education satisfactory evidence of good moral 
chara(;ter. and shall pay tjve dollars each (the fee prescribed by law), 
which can, in no case, be refunded. Examination in the subjects named 
above may be taken on the last Saturday of April. 

Sixth. Licenses will be granted to those, who make a general average 
of 85 per cent., not falling below 75 per cent, in any subject. 

II AND III. Foe applicants, not graduates of higher institutions of 
LEARNING. Life State and professional. 

Examinations for these licenses will be conducted on the last Saturdays 
of February and April. 

Section 1. Subjects for February : Algebra, civil government, American 
literature, science of education, and two of the following six subjects — 
elements of physics, elements of botany, German, French, Spanish and 
Latin (Latin grammar, two books of Caesar and two of Vergil). A satis- 
factory examination on the above entitles the applicant to a professional 
license, valid in any Indiana school for eight years. 

Section 2. Subjects for April : Geometry, rhetoric, general history, 
English literature, physical geography, and two of the following three 
subjects — chemistry, geology and zoology. A satisfactory examination on 
both 1 and 2 entitles the applicant to a life state license. 

The following requirements govern the application for life state and 
professional licenses : 

1. Applicants for life state and professional licenses must have held two 
thirty-six months' licenses in Indiana, or an equivalent in another state, 
obtained by actual examination, and must have taught successfully at 
least forty-eight months, which fact shall be properly certified to and sent 
with the manuscript to the state board of education. 

Before entering upon the examination, applicants shall present to the 
examiner satisfactory evidence of good moral character and professional 
ability. Applicants for life state license shall pay five dollars each (the 
fee prescribed by law), which can in no case be refunded. 

2. Applicants for professional license will take the February examina- 
tion only. 

3. No fee is required of applicants for professional license. 



22 SCHOOL LAW OF INDIANA. 

• 4. Licenses will be granted to those who make a general average of 
85 per cent., not falling below 75 per cent, in any subject, and who present 
satisfactory evidence of professional ability and good moral character, 

5. An applicant for a life state license failing in the examination for 
the same, but who will have met all the requirements for a professional 
license, shall receive such license, or if he reach the required average for 
a professional license, but fall below the standard per cent, in one subject, 
he may be conditioned in such subject, and may be granted a professional 
license, on the same conditions as if he had originally applied for a license 
of this class. 

6. An applicant is "conditioned," that is. he may complete the work at 
the next regular examinarion, if he make the required general average 
and pass successfully upon all the branches except one, required for the 
license applied for. A statement setting forth this fact will be furnished 
such "conditioned" applicant, who must present the same to the county 
superintendent, who will forward it with the conditioned manuscript to 
the department of public instruction. 



WHERE THE EXAMINATIONS MAY BE TAKEN. 

Applicants for professional or life state licenses may be examined by 
members of the state board of education at any one of the following places 
on the last Saturday of February and April, respectively : 

1. In the department of public instruction, state house. 

2. In the office of the city superintendent of schools, Fort Wayne. 

3. In the office of the city superintendent of schools, Evansville. 

4. In the office of the county superintendent of schools, Valparaiso. 

5. In the office of the country superintendent of schools, Richmond. 

6. In the office of tlie president of the state normal school, Terre 
Haute. 

7. In the office of the president of Purdue university, Lafayette. 

8. In the office of the city superintendent of schools, Seymour. 

9. In the office of the president of Indiana university, Bloomington. 



RULES. 

1. Write upon one side of the paper only, using legal cap. 

2. See that the answers to the questions in each branch are entirely 
separate from those of any other branch, and securely fastened together. 

3. Write full name and postoffice address upon each set of answers, 
and upon every sheet disconnected from the first one. 

4. Answer the general questions upon a separate sheet. 

5. Furnish the examiner with recommendations required, which are to 
be filed for future reference. 

Applicants should furnish to the examiner the necessary postage to send 
manuscripts. 



SCHOOL LAW OF INDIANA. 23 

IV. Sixty months' state license. This license is valid to teach any 
subject iu any non-commissioned high school in the state ; to teach all of 
the common branches in any school in the state ; and to teach the sub- 
jects upon which the examination is made in any commissioned school. 
The examination may be talven on the last Saturday of any of the first 
eight calendar months, but must be taken in two divisions, as follows : 

The first division, an average of 95 per cent., not falling below 85 per 
cent, in the "^common branches ;" the second division, an average of 85 
per cent., not falling below 75 per cent, in any of the five branches, as 
follows : 

Group 1. Literature and composition (required by all applicants). 

Group 2. Algebra or geometry (one required). 

Group 3. Botany, zoology, chemistry, physics, or physical geography 
(one required). 

Group 4. History and civics, Latin, German, French or Spanish (one 
required). 

Group 5. One subject from "2," "3" or "4" not already taken. Five 
subjects are required in this division. 

In order to secure a sixty months' license the MSS, of both divisions 
must be sent to the state department, by number, for gradation. The fee 
of $1.00 must be sent with the MSS. in each division. 

1. Note. Any applicant who has never taught may take the examina- 
tion in any county. 

2. Note. Any applicant who has taught must take the examination in 
the county in which he last taught, unless he has written permission 
from the county superintendent under whom he last taught, and then he 
must bear recommendations and be fully identified to the county super- 
intendent to whom he applies for examination. When sending manu- 
scripts to the state department of public instruction this written per- 
mission should be handed to the county superintendent and forwarded 
to the state department of public instruction, with the name and success 
grade of applicant. 

V. *Thirty-six months' state license. Valid to teach the common 
branches in any school of the state for a period of three years. 
It is issued by the state department. The examination may oe taken on 
the last Saturday of any of the first eight calendar months. General 
average, 95 per cent. ; minimum grade, 85 per cent. 

VI. *TwENTY-FOUE MONTHS' STATE LICENSE. Valid to tcach the com- 
mon branches in any school of the state. General average, 90 per cent. ; 
minimum grade, 80 per cent. Other conditions same as "V." 

VII. *TwELVE months' STATE LICENSE. Valid to teach the common 
branches in any school of the state for a period of twelve months. Gen- 
eral average, 85 per cent. ; minimum grade, 75 per cent. Other condi- 
tions same as "V." 

VIII. * State primary license. For periods of one, two or three 
years upon averages and minimums as in V, VI and VII. These licenses 
are issued by the state department of public instruction, and examinations 



24 SCHOOL LAW OF INDIANA. 

may be taken on the last Saturday of March, April, May, June, July or 
August. 

IX. State high school license. Issued by the department of public 
instruction and valid to teach high school subjects in any of the schools 
of the state. The applicant must be examined upon all subjects he de- 
sires to teach. No license will be issued for a period of more than one 
year unless the applicant pass upon at least five subjects. The averages 
and minimums are the same as in V, VI and VII. The examinations may 
be taken on the last Saturday of any of the first eight calendar months. 

X. *CouNTY COMMON SCHOOL LICENSE. Issued by county superintend- 
ents for periods of three years, two years, one year, and six months, and 
valid to teach the common branches in the schools of the county in which 
the license is granted. The questions for these and all other examinations 
are furnished by the state board of education. Examinations are con- 
ducted on the last Saturday of each of the first eight calendar months. 
The averages and minimums are the same as in V, VI and VII. 

XI. *CouNTY PRIMARY LICENSES. Issucd by the county superintendent 
for periods of one, two and three years. The examinations may oe taken 
in March, April, May, June, July or August. Other conditions the same 
as in X. 

XII. County high school licenses. Issued by the county superin- 
tendent for periods of one, two and three years. Other conditions the 
same as IX. 

XIII. Fees. An applicant for any grade of license mentioned in V, 
VI, VII, VIII and IX above, must pay the fee of one dollar. This fee 
provides for one trial only if the applicant secures a license. If he fail 
to secure a license he may have a second trial. A third trial is granted 
in case of a second failure. These three trials may be made for the one 
fee, provided they occur within one calendar year ; otherwise, the usual 
fee must be paid for the second or third trial. 

Applicants for a sixty months' license are entitled to three trials in each 
division in any one calendar year for one fee for each division in case 
of failure to make the required grades, provided a lower grade of license 
is not issued. 

EXAMINATIONS FOR KINDERGARTEN TEACHERS AND FOR SU- 
PERVISORS OF MUSIC AND DRAWING. 

Resolutions relating to licenses and examinations for kindergarten 
teachers and supervisors or directors of vocal music and for supervisors 
of drawing. 

Note. — The same rule governing these examinations for common school 
licenses obtain in these examinations. 

XIV. License to teach in the kindergartens. The state board of 
education, at its meeting September 25, 1905, adopted the following recom- 
mendations : 



* State and county common school and primary licenses are based upon examinations in the 
following subjects : Orthography, reading, writing, arithmetic, geography, grammar, physiology 
and scientific temperaQce, XJ. S. history, science of education and literature. 



SCHOOL LAW OF INDLA.NA. 25 

1. That three examinations yearly be held for license to teach in the 
Ivindergarteus established in part or whole by public funds, such examina- 
tions to be held on the last Saturdays in June, July and August of each 
year, and the questions for such examinations to be prepared under the 
direction of the state board of education. 

2. That in lieu of such examinations the certificates of graduation 
from kindergarten training schools recognized by this board may be ac- 
cepted and licenses issued to teachers in possession of such certificates. 

3. That the subjects for such examinations be as follows : 

a Kindergarten theory and practice, including 

(1) The philosophy of Froebel. 

(2) The application of Froebel's philosophy as found in the 

gifts and occupations ; in stories and games. 

6 Music. This includes a test of the applicant's ability to read 
simple music. 

c Drawing. This includes a test of the applicant's ability to 
execute simple drawings with pencil and brush. 

d English. This consists in the applicant's ability to write one 
or more paragraphs of good English. 

e Applicants must present documentary evidence of at least two 
years' work in a commissioned high school or its equivalent, 
or pass an examination in the following subjects : English 
grammar, United States history, geography, elementary 
arithmetic, English literature, physiology and hygiene. 

XV. License foe supekvisors oe dikectors of vocal music and also 
FOE supervisors OF URAWiNG. The state board of education, at its meet- 
ing January 11, 1906, adopted the following recommendations : 

1. That an examination be Iield in June, 1006, the question to be pre- 
pared under the auspices of this board. 

2. That the applicants should also be examined in : English, litera- 
ture, English composition, arithmetic, United States history, physiology 
and hygiene. 

3. That applicants who submit documentary evidence which indi- 
cates that they are graduates of a school equal in rank to the commis- 
sioned high schools of Indiana are exempt from the examination in the 
academic subjects. (It is to be understood that school officials may elect 
persons to those positions who have not taken this examination if they 
so desire.) 

4. That, beginning with April, 1907, an optional examination be of- 
fered to teachers in drawing. This is already done in music. 

5. All manuscripts in music, drawing and kindergarten should be sent 
to the state board of education, rooni 27, state house, Indianapolis, In- 
diana. 



26 SCHOOL LAW OF INDIANA. 

EXAMINATION OF COMMON SCHOOL GRADUATES. 

I'he examiuatiou oJ: common school graduates will be held in each 
county on the third Saturday of March, April and May. 

The questions on reading for these examinations will be based upon 
the work as outlined in the state course of study for the seventh and eighth 
years, but no questions will be drawn from any source except the Indiana 
fifth reader. 

[1873, p. 68. Approved and in force March 8, 1873.] 

25. Pay and mileage of board. 156. The members of 
said board, other than the governor and state superintend- 
ent of public instruction, shall be entitled to receive for 
their services, while actually engaged in the duties of their 
office, five dollars per day and five cents per mile necessarily 
traveled while so engaged; which amount shall be certified 
by the board to the auditor of the state, who shall draw his 
warrant therefor, payable out of the general fund, which 
sum shall be reimbursed to the general fund by the treas- 
urer of the board paying into it that amount out of the 
money received by him as fees for certificates ; and if there 
be any residue of money received as such fees, it shall be 
expended by the superintendent of public instruction in the 
purchase of suitable books for an office library. Said board 
shall be allowed the necessary expenses incurred in the dis- 
charge of the duties required of the same, for clerk hire, 
postage, etc. ; which expenses shall be paid as the expenses 
of the members of the board are paid. (R. S'. 1881, § 4423; 
R. S. 1901, § 5852; R. S. 1897, § 6115.) 

1. Appeopkiaiions. The requirements that the auditor of state shall, 
upon the certificate of the board, draw his warrant on the general fund 
for the expenses specified, amounts to a continuing appropriation therefor, 
which, however, is temporarily suspended when an appropriation is made 
therefor in the biennial appropriation bil!.^ — Hord, Atty.-Gen. 



SCHOOL LAW OF ITTDIANA. 



27 



CHAPTER TV. 

NORMAL SCHOOLS. 



Sec. 
26. 



27. 

28. 



The state board of education a state 

teachers' training board. 
Courses of study. 
Two-year course . 



Sec. 

29. Diplomas. 

30. "Accredited" school. 

31. When "accredited" denied. 



[1907, p. 451. Approved March 11, 1907, and in force April 10, 1907.] 

26. State teachers' training board — Duties. 1. The 

state board of education, in addition to its present powers 
and duties, shall be and is hereby constituted a state teach- 
ers' training board, and, as such, is authorized and directed 
to arrange for a regular system of normal school instruc- 
tion throughout the state; to designate what schools and 
what professional departments in schools shall be accred- 
ited in the state system of normal school instruction ; to fix 
conditions upon compliance with which present and future 
schools and departments may become accredited as a part 
of such system; to establish, inspect, pass upon and ap- 
prove, reject, alter, amend or enlarge courses of study and 
teaching in the several accredited normal schools and the 
accredited professional departments in schools of the state ; 
and to determine upon credits to be allowed for the work 
of accredited schools and departments, and equivalents, if 
any, to be accepted for such work or any part thereof. Said 
board shall make no rule, regulation or requirement apply- 
ing to any accredited school or department which shall not 
under like circumstances apply to each and every accred- 
ited school and department in the state, nor shall any re- 
quirement be in excess of the requirements of the Indiana 
state normal school; it being the purpose and intent of this 
act that all schools and departments for normal instruction 
and the training of teachers shall maintain as nearly as 
possible like standards of excellence and efficiency. 

27. Courses of study. 2. The state teachers' training board 
shall have power and authority to prescribe courses of 



28 SCHOOL LAW OF UTOIANA. 

study upon completion of which graded certificates of work 
done may be granted by any such accredited school, which 
certificate shall be recognized by the Indiana state normal 
school so far as such certificates meet the requirements of 
said school course. 

28. Two-Year course. 3. In order to encourage trained 
teachers to teach in the district schools and in the grades in 
the small towns of the state, each accredited school and the 
state normal school may, subject to the rules and regula- 
tions of the state teachers' training board, establish a 
two-year course open to high school graduates, the comple- 
tion of which will be accepted in lieu of a license and will 
entitle one to teach in the district schools and the grades in 
the small towns for three years without examination. 

29. Diplomas. 4. After two years from graduation, 
upon satisfactory evidence of professional experience and 
ability to instruct and manage a school, under rules and 
regulations therefor to be established by said state teach- 
ers' training board, graduates of any accredited school or 
department shall be entitled to diplomas to be issued by 
said accredited school, stating the character and amount 
of work completed. 

30. "Accredited" school. 5. Said state teachers' 
training board shall grant to each school and department 
accepting the provisions of this act and agreeing to be 
bound by the rules and regulations of said board the right 
to use the word "accredited" as a part of the title or name 
of such school or department, which right shall be revoked 
by said board at any time upon the refusal of any such 
school or department to abide by any rule or regulation of 
said board. 

31. When "accredited" denied. 6. It shall be unlaw- 
ful for any school or department for normal instruction and 
the training of teachers which has not accepted the provi- 
sions of this act or whose authority under this act has been 



SCHOOL LAW OF IWDLA.NA. 29 

revoked to use the word "accredited" as a part of its name 
or title or to state that such school or department has been 
accredited. If any officer, employe, agent, owner, or part 
owner, or instructor or teacher in any school or department 
for normal instruction and the training of teachers which 
has not been accredited as provided herein or whose author- 
ity hereunder has been revoked as herein provided, shall 
use the word ' ' accredited " as a part of the name or title of 
such school or department, or shall publish, advertise, an- 
nounce or say that such school or department is accredited, 
upon conviction of the same, he shall be fined in any sum 
of not more than five hundred dollars. 



30 



SCHOOL LAW OF INDIANA. 



CHAPTER V. 

SCHOOL BOOKS. 



Sec. 
32. 

33. 
34. 
35. 
36. 
37. 
38. 
39. 
40. 
41. 
42. 
43. 

44. 
45. 
46. 

47. 

48. 

49. 
50. 



51. 
52. 
53. 
54. 
55. 
56. 
57. 
58. 
59. 
60. 
61. 



State board of education a board of 
school book commissioners. 

Advertise for bids.^ 

Open bids. 

May procure manuscripts. 

State not liable. 

Governor's proclamation. 

Trustee's duty. 

Quarterly reports. 

Superintendent to enter suit. 

Superintendent's special bond. 

Reports to contractors. 

Sale for more than contract price a mis- 
demeanor . 

Embezzlement . 

Appropriation — Laws repealed. 

Advertise for bids. 

Trustees to make requisitions first Mon- 
day of June . 

Trustees to acknowledge receipt of 
books. 

Books for poor or indigent children. 

Reports to commissioners and county 
superintendent. 

Appropriation. 

Suit on trustee's bond. 

County superintendent's special bond. 

Superintendent's report to contractor. 

Failure to report — Embezzlement. 

Books to be uniformly used. 

Duty ot contractor. 

Name and price of books on cover. 

State superintendent's duty. 

Act supplemental. 

Contractors to file consent. 



Sec. 

62. Sale to merchants or dealers — Trustee's 

report. 

63. Officers to supply sufficient books. 

64. Duty of merchants and dealers. 

65. County superintendent to make report. 

66. Officers failing to report — Right of 

action. 

67. Failure to report at expiration of term — 

Embezzlement. 

68. Sale for more than contract price a mis- 

demeanor . 

69. Contractors to file consent for revision of 

books. 

70. Author to revise — County and state su- 

perintendent to scale requisition. 

71. Intermediate grammar or language les- 

sons. 

72. State board to meet — Notice. 

73. Frequency of revision. 

74. Standard of revision — Contractor's bond. 

75. Appropriation. 

76. New bond. 

77. State superintendent's duty . 

78. Act supplemental. 

79. Reading primer. 

80. Price. 

81. Old laws applicable. 

82. Use in cities of 5,000. 

83. Sale of school books. 

84. Governor — Proclamation. 

85. Sale of school books. 

86. Proclamation by governor. 

87. Existing contracts. 

88. Repeal. 



1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 

32. State board of education a board of school book 
commissioners. 1. The state board of education shall con- 
stitute a board of commissioners for the purpose of making 
a selection, or procuring the compilation for use in the 
common schools of the state of Indiana, of a series of text- 
books in the following branches of study, namely: Spell- 
ing, reading, arithmetic, geography, English grammar, 
physiology, history of the United States, and a graded 
series of writing books. The matter contained in the read- 



SCHOOL LAW OF INDLA-NA. 



31 



ers shall consist of lessons commencing with the simplest 
expression of the language, and by a regular gradation ad- 
vancing to and including the highest style of composition 
both in poetry and prose: Provided, That none of said text- 
books shall contain anything of a partisan or sectarian 
character: And, provided further, That the foregoing 
books shall be at least equal in size and quality as to mat- 
ter, material, style of binding and mechanical execution, to 
the following text-books now in general use, namely: The 
speller to McGuffey's Spelling-book, the reader to Apple- 
ton's readers, the arithmetic to Eay's new arithmetic se- 
ries, the geographies to the Eclectic series of geographies, 
the grammar to Harvey's grammar, the physiology to Dal- 
ton's physiology, the history of the United States to Thal- 
heimer's history of the United States, and the writing- 
books equal to the Eclectic copy-books. (R. S. 1901, 
§ 5853; E. S. 1897, § 6269.) 

1. Constitutional. This act is constitutional. It is not void on 
the ground that it creates a monopoly, nor on the ground that it confers 
a special privilege. — State v. Haworth, 122 Ind. 462. 

2. Choice of books. The legislature has the power to require a 
designated series of books to be used in the public schools, and to require 
that the books selected shall be obtained by the school officers from the 
person to whom the contract for supplying them may be awarded. It may 
not only prescribe regulations for using the books designated, but it may 
also declare how the books shall be obtained and distributed. — State v. 
Haworth, 122 Ind. 462. 

33. Advertise for bids. 2. The said board of commis- 
sioners shall, immediately upon the taking effect of this act, 
advertise for twenty-one consecutive days in two daily pa- 
pers published in this state, having the largest circulation, 
and in one newspaper of general circulation in the cities 
of New York, Philadelphia, Cincinnati, Chicago and St. 
Louis, that at a time and place to be fixed by said notice, 
and not later than six months after the first publication 
thereof, said board will receive sealed proposals on the 
following: 

First. From publishers of school text-books, for furnish- 
ing books to the school trustees of the state of Indiana for 



32 SCHOOL LAW OF INDLiNA. 

use in the common schools of this state, as provided in 
this act, for a term of five years, stating specifically in such 
bid the price at which each book will be furnished, and ac- 
companying such bid with specimen copies of each and all 
books proposed to be furnished in such bid. 

Second. From authors of school text-books, who have 
manuscripts of books not published, for prices at which 
they will sell their manuscript, together with the copyright 
of such books, for use in the public schools of the state of 
Indiana. 

Third. From persons who are willing to undertake the 
compilation of a book or books, or a series of books, as 
provided for in section one (1) of this act, the prices at 
which they are willing to undertake such compilation of 
any or all of such books, to the acceptance and satisfaction 
of the said board of commissioners: Provided, That any 
and all bids by publishers, herein provided for, must be ac- 
companied by a bond in the penal sum of fifty thousand dol- 
lars, with resident freehold surety, to the acceptance and 
satisfaction of the governor of this state, conditioned that 
if any contract be awarded to any bidder hereunder, such 
bidder will enter into a contract to perform the conditions 
of his bid to the acceptance and satisfaction of said board: 
And provided further. That no bid shall be considered un- 
less the same be accompanied by the affidavit of the bidder 
that he is in nowise, directly or indirectly, connected with 
any other publisher or firm who is now bidding for books 
submitted to such board, nor has any pecuniary interest in 
any other publisher or firm bidding at the same time, and 
that he is not a party to any compact, syndicate or other 
scheme whereby the benefits of competition are denied to 
the people of this state: And be it further provided. That if 
any competent author or authors shall compile any one or 
more books of the first order of excellence, and shall offer 
the same as a free gift to the people of this state, together 
with the copyright of the same and the right to manufac- 
ture and sell such works in the state of Indiana for use in 



SCHOOL LAW OF lOTDIAI^A. 33 

the public schools, it shall be the duty of such board of com- 
missioners to pay no money for any manuscript or copy- 
right for such book or books on the subject treated of in 
the manuscript so donated; and such board shall have the 
right to reject any and all bids, and at their option such 
board shall have the right to reject any bid as to a part of 
such books, and to accept the same as to the residue thereof. 
(E. S. 1901, § 5854; R. S. 1897, § 6270.) 

34. Open bids. 3. It shall be the duty of such board to 
meet at the time and place mentioned in such notice, and 
open and examine all sealed proposals received pursuant 
to the notice provided for in section two (2) of this act, and 
it shall be the further duty of such board to make a full, 
complete and thorough investigation of all such bids or 
proposals, and to ascertain under which of said proposals 
or propositions the school books could be furnished to the 
people of this State for use in the common schools at the 
lowest price, taking into consideration the size and quality, 
as to matter, material, style of binding, and mechanical ex- 
ecution of such books: Provided always. That such board 
shall not, in any case, contract with any author, publisher 
or publishers, for the furnishing of any book, manuscript, 
copyright, or books, which shall be sold to patrons, for use 
in the public schools of this state, at a price above, or in ex- 
cess of, the following, which prices shall include all cost and 
charges for the transportation and delivery to the several 
county school superintendents in this state, namely: for a 
spelling book, ten (10) cents; for a first reader, ten (10) 
cents; for a second reader, fifteen (15) cents; for a third 
reader, twenty-five (25) cents; for a fourth reader, thirty 
(30) cents; for a fifth reader, forty (40) cents; for an arith- 
metic, intermediate, thirty-five (35) cents; for an arithme- 
tic, complete, forty-five (45) cents; for a geography, ele- 
mentary, thirty (30) cents; for a geography, complete, sev- 
enty-five (75) cents; for an English grammar, elementary, 
twenty-five (25) cents: for an English grammar, complete, 
forty (40) cents; for a physiology, thirty-five (35) cents; 



34 SCHOOL LAW OF ustdtatta. 

for a history of the United States, fifty (50) cents; for copy 
books, each five (5) cents. (R. S. 1901, § 5855; E. S. 1897, 
§ 6271.) 

35. May procure manuscripts. 4. If, upon the exami- 
nation of such projposals, it shall be the opinion of such 
board of commissioners that such books can be furnished 
cheaper to the patrons for use in the common schools in the 
state, by procuring and causing to be published the manu- 
script of any or all of such books, it shall be their duty to 
procure such manuscript and to advertise for sealed pro- 
posals for publishing the same, in like manner as hereinbe- 
fore provided and under the same conditions and restric- 
tions. And such contract may be let for the publication of 
all of such books, or for any one or more of such books sep- 
arately; and it shall be the further duty of such board of 
commissioners to provide in the contract for the publication 
of any such manuscript for the payment, by the publisher, 
of the compensation agreed between such board and the 
author or owner of any such manuscript for such manu- 
script, together with the cost or expense of copyrighting the 
same. (R. S. 1901, § 5856; R. S. 1897, § 6272.) 

36. State not liable. 5. It shall be a part of the terms 
and conditions of every contract made in pursuance of this 
act that the state of Indiana shall not be liable to any con- 
tractor hereunder for any sum whatever; but that all such 
contractors shall receive their pay and compensation solely 
and exclusively from the proceeds of the sale of the books, 
as provided for in this act. . (R. S. 1901, § 5857; R. S. 1897, 
§ 6273.) 

37. Governor's proclamation. 6. As soon as such 
board shall have entered into any contract for the furnish- 
ing of books for use in the public schools of this state, pur- 
suant to the provisions of this act, it shall be the duty of 
the governor to issue his proclamation announcing such 
fact to the people of this state. (R. S. 1901, § 5858; R. S. 
1897, § 6274.) 



SCHOOL LAW OF INDIANA. 35 

38. Trustee's duty. 7. When such proclamation shall 
have been duly issued, it shall be the duty of the school 
trustees of each and every school corporation in this state, 
within thirty days thereafter, and at such other times as 
books may be needed for use in the public schools of their 
respective corporations, to certify to the county superin- 
tendent of their respective counties the number of school 
text-books provided for in such contract required by the 
children for use in the schools of their several school corpo- 
rations. Such county superintendent shall forthwith make 
such requisition for books as the schools in the said several 
counties may require upon the state superintendent of pub- 
lic instruction J and that said state superintendent of public 
instruction shall immediately thereafter make a requisi- 
tion for said books upon the contractor, who shall, within 
ninety days, ship the books so ordered directly to the county 
school superintendents of the several counties of this state. 
Upon the receipt of such books it shall be the duty of such 
county school superintendents to immediately notify all the 
school trustees of the school corporations, as shown by the 
last school enumeration of their counties, of the receipt of 
such books. It shall then be the duty of such school trus- 
tees to immediately procure and take charge and custody 
of all the books assigned to their several school corpora- 
tions, receipting therefor, to the said county school super- 
intendent: and, upon the receipt of such books by said 
school trustees, they shall furnish them, on demand, to the 
school patrons or school children of their respective cor- 
porations, at the price fixed therefor by the contract en- 
tered into between said board of commissioners and said 
contractor; and it shall be the duty of such school officers to 
sell books for cash only; and if they shall sell or dispose 
of any books other than for the cash price thereof, they 
shall be held personally liable, and liable upon their official 
bond for the price of such book or books: Provided, That 
any patron or pupil of any school or schools other than the 
public schools, and also any child between the ages of six 

[3] 



36 SCHOOL LAW OF INDIANA. 

and twenty-one years of age, or the parent, guardian or 
teaclier of snch child, shall have the right to purchase and 
receive the books, and at the prices herein named, by pay- 
ment of the cash price thereof to the school superintendent 
of any county in this state, and it is hereby made his duty to 
make requisition upon the contractor for any and all books 
so ordered and paid for by any such person or persons: 
And, provided further. That nothing in this act shall oper- 
ate to prevent the state board of education, boards of 
school trustees or boards of school commissioners, from de- 
vising means and making arrangements for the sale, ex- 
change or other disposition of such books as may be owned 
by the pupils of schools under their charge, at the time of 
the adoption of books under the provisions of this act. 
(E. S. 1901, § 5859; E. S. 1897, § 6275.) 

39. Quarterly reports. 8. At the expiration of three 
months after the receipt of such books by the county super- 
intendent, and every three months thereafter, it shall be 
the duty of each school trustee receiving and chargeable 
with books under the provisions of this act, to make a full 
and complete report to the county superintendent of the 
number of books sold, and the amount of money received 
therefor, and the number of books on hand; and at the time 
of making such report he shall pay over to the county su- 
perintfendent all moneys received by him or with which he 
is chargeable, from the sales of books in his hands; which 
report shall be duly verified by the oath of the party mak- 
ing it. (E. S. 1901, § 5860; E. S. 1897, § 6276.) 

40. Superintendent to enter suit. 9. If, at the expira- 
tion of ten days from the time required by this act for the 
making of such report of any school superintendent charge- 
able with books under this act, any such officer shall have 
failed, neglected or refused to make such report, or turn 
over any moneys with which he is chargeable, it shall be 
the duty of the county school superintendent, within fifteen 
days, to enter suit upon his official bond for an accounting 



SCHOOL LAW OF INDLA.NA. 37 

and recovery of any moneys due from him on accomit of 
such books with which he is chargeable ; and all judgments 
recovered upon such bonds shall include a reasonable attor- 
ney's fee for the attorney prosecuting such suit; and such 
judgment shall be without relief from valuation or ap- 
praisement laws, and shall be without stay of execution. 
(E. S. 1901, § 5861; R. S. 1897, § 6277.) 

41. Superintendent's special bond. 10. It shall be the 
duty of the several county school superintendents of this 
state, within thirty days from the issuing of the proclama- 
tion by the governor, as hereinbefore provided for, and of 
every county school superintendent hereafter elected, be- 
fore he enters upon the discharge of his official duties, to 
enter into a special bond, with at least two freehold sure- 
ties of such county, payable to the state of Indiana, condi- 
tioned that they will faithfully and honestly perform all the 
duties required of them by this act, and account for and 
pay over all moneys that may come into their hands, pur- 
suant to the provisions of this act, in a penal sum which 
shall be equal in amount to one hundred dollars for every 
one thousand inhabitants of their respective counties as 
shown by the last census immediately preceding the giving 
of such bond, to be approved by the board of commission- 
ers of their respective counties; and upon the failure of 
any county school superintendent to give such bond, his 
office shall become immediately vacant, and the board of 
commissioners of his county shall immediately appoint some 
competent and suitable person to fill such vacancy for the 
unexpired term of his office. (E. S. 1901, § 5862; E. S. 1897, 
§ 6278.) 

42. Reports to contractor. 11. It shall be the duty of 
each county school superintendent in this state, within ten 
days after the quarterly reports of the school trustees, as 
hereinbefore provided for, to make a full, true, complete 
and detailed report to the contractor of all books sold by 
the several school trustees of his countj^, and of the number 



38 SCHOOL LAW OF INDIANA. 

of books in the hands of the trustees of each school corpora- 
tion, which report shall be accompanied by all cash received 
by him from the school officers from sales of books by them 
sold, and which report shall be duly verified by him, and a 
duplicate thereof shall be filed in the office of the auditor of 
his county. Upon the failure of any county school superin- 
tendent to make the report and to transmit the cash, as re- 
quired by this sectioji, a right of action shall immediately 
accrue to the contractor against the said school superin- 
tendent and the sureties upon the bond provided for in this 
act, for an accounting and for the recovery of any moneys 
received and not transmitted by him, and for any damages 
which may have resulted from his neglect or failure to com- 
ply with the provisions of this act, and any judgment upon 
any such bond shall include a reasonable fee for the attor- 
ney prosecuting such suit, and such judgment shall be with- 
out relief from valuation and appraisement laws, and shall 
be without stay of execution. (R. S. 1901, § 5863; R. S. 
1897, § 6279.) 

43. Sale for more than contract price a misdemeanor. 

12. Any school trustee charged with the sales of any books 
under the provisions of this act, who shall directly or indi- 
rectly demand or receive any money for any book or books 
in excess of the contract price, as hereinbefore provided, 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined in any sum not less than ten nor 
more than one hundred dollars, to which may be added im- 
prisonment in the county jail for a term not exceeding sixty 
days. (R. S. 1901, § 5864; R. S. 1897, § 6280.) 

44. Embezzlement. 13. Any county school superin- 
tendent or trustee of any township or school corporation in 
this state who shall fraudulently fail or refuse, at the ex- 
piration of the term for which he was elected or appointed, 
or at any time during such term, when legally required by 
the proper person or authority, to accoimt for and deliver 
and pay over to such person or persons as may be lawfully 



SCHOOL LAW OF INDLA.NA. 



39 



entitled to receive the same, all moneys or school books 
which may have come into his hands by virtue of the provi- 
sions of this act, shall be deemed guilty of embezzlement, 
and upon conviction thereof shall be imprisoned in the state 
prison for any period not more than five years nor less than 
one year, and fined in any sum not exceeding one thousand 
dollars, and rendered incapable of holding any office of trust 
or profit for any determinate period. (R. S. 1901, § 5865; 
R. S. 1897, § 6281.) 



45. Appropriation — Laws repealed. 14. The sum of 

one thousand dollars is hereby appropriated out of any 
funds in the state treasury not otherwise appropriated, for 
the purpose of paying the cost and expenses incident to the 
giving of the notices herein provided for, and carrying out 
the provisions of this act. All laws and parts of laws in 
conflict with the provisions of this act are hereby repealed. 
(R. S'. 1901, § 5866; R. S. 1897, § 6282.) 

[1891, p. 99. Approved and in force March 5, 1891.] 

46. Advertise for bids. 1. It shall be the duty of the 
board of commissioners, for the purpose of securing for use 
in the common schools of the state of Indiana of a series of 
text-books as constituted by the act of the general assembly 
in this section mentioned, to immediately advertise for bids, 
and to act upon such bids as may be submitted for the fur- 
nishing for use in the common schools of the state of Indi- 
ana of a spelling-book, a primary physiology, a more ad- 
vanced work on physiology and hygiene, an elementary 
grammar, a complete grammar, and a history of the United 
States. In advertising for such bids, and in acting upon 
any bid which may be submitted, such board of commis- 
sioners shall be governed, as far as possible, by the same 
terms, conditions and limitations concerning them, and 
shall require bidders and contractors to comply with all 
terms, conditions and limitations concerning bidders or 
contractors, so far as applicable, as are contained in an act 



40 SCHOOL LAW OF INDIANA. 

of the general assembly of Indiana, entitled "An act en- 
titled an act to create a board of commissioners for the 
purpose of securing for use in the common schools of the 
state of Indiana of a series of text-books, defining the duties 
of certain officers therein named with reference thereto, 
making appropriations therefor, defining certain, felonies 
and misdemeanors, providing penalties for the violation of 
the provisioiiS of said act, repealing all laws in conflict 
therewith, and declaring an emergency. ' ' Acts of the gen- 
eral assembly of the state of Indiana, 1889, p. 74: Pro- 
vided, That the standard of physiologies shall be Hutchin- 
son's laws of health and Hutchinson's physiology and hy- 
giene: And provided further, That no bids shall be con- 
sidered in which the price of a primary physiology shall ex- 
ceed thirty cents for the volume, or in which a physiology 
and hygiene shall exceed sixty cents for the volume, or in 
which a history of the United States shall exceed sixty-five 
cents for the volume. (R. S. 1901, § 5867; R. S. 1897, 
§ 6283.) 

47. Trustees to make requisitions first Monday of June. 
2. That it shall be the duty of the township trustees and 
school boards of the state, severally, on the first Monday of 
June in each year, and at such intermediate times as the 
necessity therefor shall exist, after considering the number 
and kind of adopted books already sold ia the corporation, 
the number and kind of such books on hand, and ascertain- 
ing from their teachers or principal and superintendent, as 
the case may be, the enrollment of scholars in the different 
classes or grades of the schools of the corporation, to order 
such quantities of the books which the state has at that 
time adopted, as may seem to him, or to it, to be necessary 
for use in the schools of such corporation until the first day 
of June then next succeeding; the estimate being based 
upon the information which it is above provided shall be 
gathered, and on the advice of the county superintendent: 
Provided. That the total orders for any school year of the 
books adopted heretofore, and those mentioned in section 



SCHOOL LAW OF mBIANA. 



41 



one of this act, shall not exceed the amount of one dollar 
for each child enumerated for school purposes in the cor- 
poration: And provided further, That it shall be the duty 
of the state superintendent to properly scale down any or- 
der for books which may pass through his hands in case 
that it shall seem clear to him that such order is for a quan- 
tity of books in excess of the needs of the corporation dur- 
ing the period for which such books were ordered. [Jl. S. 
1901, § 5868; R. S. 1897, § 6284.) 

48. Trustees to acknowledge receipt of books. 3. 
Whenever an order for the books which the state has adopt- 
ed, or may adopt, shall have been filled by a contractor wilh 
the state, and the books delivered to the township trustee or 
school board making such order, it shall be the duty of 
such trustee or boards to immediately acknowledge the re- 
ceipt of such books to the contractor, and also to make a 
report thereof to the coimty superintendent, and it shall be 
laAvful for any such trustee or school board to at once make 
payment for such books to the contractor, through ihe su- 
perintendent of the county, out of any school funds in ex- 
cess of the needs of their respective townships or school cor- 
porations for current expenses, or other special needs, in the 
hands or control of such trustee or board, aside from the 
jjrincipal or interest of the common congressional school 
fund, or the "^^ school revenue for tuition:" Provided, how- 
ever, That no debt shall ever be contracted, or warrant, or 
other evidence of indebtedness, ever be issued by a trustee 
or board on account of a purchase of books : And, provided 
further. That whenever any books are paid for by any 
trustee or school board, such trustee or school board shall 
be liable personally, and liable upon their official bonds, re- 
spectively, for the preservation, custody and safe keeping 
of all such books until the same are sold and accounted for, 
or otherwise disposed of according to law. Whenever a 
book, paid for as aforesaid, is sold by a trustee or school 
board, it shall be the duty of such trustee or school board to 



42 SCHOOL LAW OF ustdiana. 

turn the entire proceeds of such sale into the fund, out of 
which payment was made to the contractor, to reimburse 
the fund for such advancement. In case a trustee or school 
board receiving books from a contractor with the state shall 
not pay for such books, as provided in this section, he, or it, 
shall make quarterly reports under oath of the sale of such 
books, accompanied by all cash received therefor, to the 
county superintendent, for transmission to the contractor, 
as now provided by law, until such books shall have been 
fully paid for. The provisions of this section shall apply to 
all orders heretofore tiled: Provided, That if said trustee 
or board shall have on hands any books heretofore ordered, 
for which he, or it, may have no immediate use, the same 
shall, upon the order of the count^^ superintendent, or the 
state superiutendent of public instruction, be returned to 
the contractor, or be shipped to such other point as the con- 
tractor may direct, the contractor to pay all freight charges 
on such shipment; and the county supereintendent and such 
trustee or board shall, thereupon, have credit for such books 
so returned or shipped. (R. S. 1901, § 5869; R. S. 1897, 
§ 6285.) 

49. Books for poor or indigent children. 4. It shall 
be the duty of each township trustee and each school board 
to furnish the necessary school books, so far as they have 
been or may be adopted by the state, to all such poor or in- 
digent children as may desire to attend the. common schools 
of his, or its, corporation, as in his, or its, opinion would be 
otherwise unable to attend such schools: Provided, That 
no township trustee in this state shall receive an amount ex- 
ceeding five dollars as compensation for his services in any 
one year for duties performed in carrying out the provi- 
sions of this act, or the act to which it is supplemental. (R. 
S. 1901, §-5870; R. S. 1897, § 6286.) 

50. Reports to commissioners and county superintend- 
ent. 5. When books are fully paid for out of the funds of 
a school corporation, as provided in section three of this act, 



SCHOOL LAW OF INDLA-NA. 43 

it shall not be necessary for the township trustee or school 
board of such corporation to make quarterly reports of the 
sale of the adopted books, but instead thereof a report shall 
in all cases be made by him, or it, upon oath on the first 
Monday of August in each year to the county superintend- 
ent, and like report upon oath shall at the same time be 
made to the board of commissioners of the county, which 
reports shall severally state the number and kind of books 
on hand at last report ; the number and kind sold ; the num- 
ber then on hand; the disposition of the money received on 
such sales ; the amount of money used from any school fund 
in payment for books received; and the condition of such 
funds. Such reports shall also state the number and kind 
of books furnished as provided in section four of this act; 
for the price of which books so furnished the township trus- 
tee or school board furnishing the same shall have credit. 
(K S'. 1901, § 5871; R. S. 1897i'§ 6287.) 

51. Appropriation. 6. The sum of one thousand dollars 
is hereby appropriated out of the general fund in the state 
treasury to enable the board of school commissioners, men- 
tioned in section one of this act, to advertise for bids as in 
said section provided. (R. S. 1901, § 5872; R. S. 1897, 
§ 6288.) 

52. Suit on trustee's bond. 7. Any township trustee 
or member of a school board, receiving or being in posses- 
sion of any moneys which at the end of the next quarter 
shall be turned over to the county superintendent to pay a 
contractor for books sold which have not been paid for out 
of the. funds of the corporation, who shall fail to report the 
sale of such books at the end of such next quarter, or who 
shall fail to pay therewith the full proceeds thereof to the 
county superintendent, or so much thereof as may be neces- 
sary to fully pay the contractor, shall be liable, after de- 
mand upon him, to a suit on his official bond, brought on the 
relation of the county superintendent, whose duty it shall 
be to bring the action for the amount due from him, and 



44 SCHOOL LAW OF INDIANA. 

damages, if any, and any judgment which shall be rendered 
in favor of the plaintiff in the action shall contain a reason- 
able attorney's fee, and shall be payable without relief from 
valuation or appraisement laws. The same liability upon 
his bond shall accrue against a township trustee or member 
of a school board who shall refuse to pay over as in this 
act required any moneys drawn from the funds of his cor- 
poration on account of books purchased, or who shall fail 
to apply all moneys for books sold that have been purchased 
by the corporation, to the reimbursement of the proper fund. 
Any judgment rendered against a township trustee, school 
board, or member of a school board, because of the non-per- 
formance of any duty, shall include a reasonable fee for the 
plaintiff's attorney. (R. S. 1901, § 5873; E. S. 1897, § 6289.) 

53. County superintendent's special bond. 8. It shall 
be the duty of each county school sujDerintendent of this 
state, within thirty days from the taking effect of this act, 
and of each county school superintendent hereafter elected, 
before he enters upon the discharge of his official duties, to 
execute a special bond with at least two freehold sureties of 
his county, payable to the state of Indiana, conditioned that 
he will faithfully and honestly perform all the duties re- 
quired of him by law, and account for and pay over all 
moneys w^hich may come into his hands pursuant to law, in 
a penal sum which shall be equal to one hundred dollars for 
every thousand inhabitants of his county, as shown by the 
last census immediately preceding the giving of such bond, 
which bond shall be executed to the approval of the board 
of commissioners of his county, and upon failure of any 
county school superintendent to give such bond, his ofiice 
shall become immediately vacant, and the board of commis- 
sioners of his county shall immediately appoint some com- 
petent and suitable person to fill such vacancy for the unex- 
pired term of his office. (R. S. 1901, § 5874; R. S. 1897, 
§ 6290.) 

54. Superintendent's report to contractor. 9. It shall 
be the duty of such coimty school superintendent within 



SCHOOL LAW OF INDIANA. 45 

ten days after the receipt of any report, or money, from a 
township trustee or school board, as hereinbefore provided 
for, to make a full, true, complete and detailed report there- 
of to the contractor, which report shall be accompanied by 
all cash received by him from the school officers. The re- 
port above provided for shall be duly sworn to by the coun- 
ty superintendent, and a duplicate thereof shall be filed by 
him in the office of the auditor of his county. Upon the fail- 
ure of any county school superintendent to make report to 
the contractor and transmit the cash as required by law, a 
right of action shall immediately accrue to the contractor 
against the said county school superintendent, and the sure- 
ties upon his bond provided for in this act, for an account- 
ing and for the recovery of any moneys received and not 
transmitted by him, and for any damages which may have 
resulted from his neglect or failure to comply with the pro- 
visions of this act, and any judgment upon any such bond 
shall include a reasonable fee for the attorney prosecuting 
such suit, and such judgment shall be without relief from 
valuation or appraisement laws, and shall be without stay 
of execution. (R, S. 1901, § 5875; R. S. 1897, § 6291.) 

55. Failure to report — Embezzlement. 10. Any coun- 
ty school superintendent, or trustee of any township, or 
member of any school board in this state, who shall fraudu- 
lently fail or refuse, at the expiration of the term for which 
he was elected or appointed, or at any time during such 
term, when legally required by the proper person or au- 
thority to account for and deliver and pay over to such per- 
son or persons as may be lawfully entitled to receive the 
same, all moneys or school books which may come into his 
hands by virtue of the provisions of law, shall be deemed 
guilty of embezzlement, and upon conviction thereof shall 
be imprisoned in the state prison not more than five nor less 
than one year, and fined in any sum not exceeding one thou- 
sand dollars, and rendered incapable of holding any office 
of trust or profit for any determinate period. (R, S. 1901^ 
§ 5876; R. S. 1897, § 6292.) 



46 SCHOOL LAW OF INDIANA, 

56. Books to be uniformly used. 11. The books which 
have been, or may hereafter be, adopted by the state of In- 
diana for use in its common schools by virtue of this act, or 
the act mentioned in section one hereof, shall be uniformly 
used in all the common schools of the state, in teaching the 
branches of learning treated of in such books, and it shall 
be the duty of the proper school officers and authorities to 
use in such schools such books for teaching the subjects 
treated in them. (R. S. 1901, § 5S77; R. S. 1897, § 6293.) 

57. Duty of contractor. 12. It shall be the duty of any 
person or persons, firm or corporation, who shall hereafter 
furnish and supply books under the provisions of this act, 
or under the provisions of the act of 1889, title whereof is 
set out in the first section of this act, to ship to and notify 
the consignee of such shipment, and deliver the books or- 
dered by the various county superintendents, at such rail- 
way stations as may be most convenient for the various 
township trustees or school boards in the several counties 
to receive the same as may be directed by the said county 
superintendent. And in preparing such books for such 
shipment, it shall be the duty of every such contractor to 
wrap each several kind of books by themselves in packages 
of not to exceed five or ten books, according to their size, 
each such package to be securely wrapped in good substan- 
tial paper of sufficient weight to protect the books enclosed 
therein, and to be closed at each end thereof, and each pack- 
age to have plainly and clearly marked or printed on the 
outside thereof the kind and number of books contained 
therein, and as many of such packages shall be enclosed in 
large packages or boxes as may be safe and convenient for 
shipment. And upon the receipt of such books it shall be 
the duty of each township trustee or school board to care- 
fully care for and protect such books until sold, and to pre- 
serve the same in the original packages in which they are 
wrapped without opening, until all copies of the same books 
heretofore received by him or it have been sold, and there- 
after not to open any such package until all copies con- 



SCHOOL LAW OF INDIANA. 47 

tained in packages previously opened have been sold : Pro- 
vided, K, upon the opening of any snch package, any town- 
ship trustee or school board shall discover that any of the 
books therein contained have been damaged, or are defec- 
tive at the time of their receipt by him, or it, so as to be 
unsalable, he, or it, shall not be required to offer the same 
for sale, but in such event, he, or it, shall immediately 
notify the county superintendent of such damaged or de- 
fective book or books, who shall immediately thereafter 
give notice thereof to the contractor furnishing the same, 
and thereafter such damaged or defective book or books 
shall be subject to the order of the contractor. (R. S. 1901, 
§5878; E. S. 1897, §6294.) 

58. Name and price of books on cover. 13. It shall be 
the duty of any person or persons, firm or corporation who 
may hereafter furnish and supply books under the provi- 
sions of this statute, or of the act of 1889, the title whereof 
is set out in the first section of this act, to print in large let- 
ters upon the outside of the first cover of each book so fur- 
nished and supplied by him or them, the name of the adopt- 
ed book, and upon the outside of the back cover the price at 
which such book is furnished to be sold to pupils, under 
such contract, and it shall be the duty of all county superin- 
tendents, township trustees, and other school officers and 
school teachers, to see that all books so furnished to pu- 
pils, and bought by pupils for use in the schools of the state 
shall bear such imprint: Provided, This section shall not 
apply to copy books. (R. S. 1901, § 5879; R. S. 1897, § 6295. 

59. State superintendent's duty. 14. It shall be the 
duty of the superintendent of public instruction to cause to 
be printed, at the expense of the printing fund, and to send 
to each of the county superintendents, as soon as possible 
after the passage thereof, a sufficient number of copies of 
this act to provide such superintendent and each township 
trustee and each member of the school board in such county 
with one copy of such act. Each county superintendent 



48 SCHOOL LAW OF INDIANA. 

shall, at once, upon the receipt of the copies intended for 
his county, mail, or otherwise deliver, to each township 
trustee and member of a school board in his county a copy 
of this act. (R. S. 1901, § 5880; R. S. 1897, § 6296.) 

60. Act supplemental. 15. Nothing in this act shall be 
construed to in anywise aifect the act mentioned in section 
one of this act. and the two acts shall be regarded as each 
supplementing the other, except where this act shall pro- 
vide a different procedure from the first act, in which case 
the provisions of this act shall govern. Nothing in this act 
shall be construed as affecting or impairing any contract 
right secured by any contractor under the act mentioned in 
section one of this act, but all such contracts are hereby de- 
clared to be, and are hereby made, binding upon the state to 
the same extent as they would have been had this act not 
been passed. (R. S. 1901, § 5881; R. S. 1897, § 6297.) 

[1893, p. 165. Approved and in force March 1, 1893. 

61. Contractors to file consent. 1. Whenever the con- 
tractors, or either of them, to the extent that they might be 
affected in their contract rights under prior laws, to wit: 
An act entitled ''An act entitled an act to create a board of 
commissioners for the purpose of securing, for use in the 
common schools of the State of Indiana, of a series of text 
books, defining the duties of certain officers therein named 
with reference thereto, making appropriations therefor, de- 
fining certain felonies and misdemeanors, providing penal- 
ties for the violation of the provisions of said act, 'repealing 
all laws in conflict therewith and declaring an emergency,' " 
passed by the general assembly of the state of Indiana in 
the year 1889, and published on page 74 of the acts of 1889; 
and an act supplemental thereto and upon the same general 
subject, approved March 5, .1891, shall have filed with the 
state superintendent of public instruction an agreement in 
writing, duly executed by them, or either of them separate- 
ly, consenting to the operation of this act, as affecting the 



SCHOOL LAW OF INDIANA. 



49 



sale of school books furnished by them, under contract 
with the state pursuant to the provisions of existing laws, 
it shall then be lawful for, and it is hereby made the duty 
of, the to^vnsliip trustees and school boards of this state, 
to sell, for cash, to all merchants and dealers who may ap- 
ply therefor, and in such quantities as they may require, a 
sufficient number of adopted school books, furnished by the 
contractor or contractors, so consenting, to supply all de- 
mands of school patrons and pupils attending the common 
schools and residing in their immediate neighborhoods, re- 
spectively; which books shall, in no event, be sold to school 
patrons or pupils, by such merchants or dealers, at a price 
in excess of the price fixed in the contract for such books be- 
tween the state board of school book commissioners and 
such contractor. In making such sales, the township trus- 
tee and school boards shall be authorized, and it is hereby 
made their duty to deduct ten per cent, from the contract 
price at which such Dooks are required by law to be sold to 
the school patrons and school children of the state, to com- 
pensate the dealer for handling and selling such books; one- 
half of which deduction shall be borne by the contractor 
and one-half thereof by such school corporation. And here- 
after no adopted books shall be delivered or sold to mer- 
chants or dealers by any county school superintendent, 
township trustee or school board, except upon the terms and 
conditions hereinbefore specified. (R. S. 1901, § 5882; R. S. 
1897, § 6298.) 

62. Sale to merchants or dealers — Trustee's report. 2. 
When sale shall be made of any books by any township 
trustee or school board to any merchant or dealer, pur- 
suant to the provisions of section one of this act, it shall be 
the duty of such trustee or school board, at the end of such 
calendar month, to make a report thereof to the county 
school superintendent of the number and kind of books sold, 
and the amount of money received therefor, and the num- 
ber and kind of books on hand; and at the time of making 
such report to pay over to the county school superintend- 



50 SCHOOL LAW OF INDIANA. 

ent all money received by him or them from any such sale 
or sales; at the time of making such report such trustee or 
school board shall also pay to such superintendent, for 
transmission to the contractor, the one-half of the amount 
of the deduction in the price of the books so sold, which last 
amount shall be paid out of and charged to the special 
school fund of such school corporation; and for such amount 
the said trustee or school board shall take the receipt of 
such superintendent. And in their reports to and settle- 
ments thereafter made with the board of commissioners of 
their respective counties, the said trustees and school 
boards shall be entitled to f^ill credit for the money so paid 
out of said fund when such superintendent's receipt is ten- 
dered and filed with such reports: Provided, That when- 
ever any township trustee or school board shall have sold all 
books ordered by him or them, or in his or their hands for 
sale to merchants or dealers, as herein provided, they shall 
not be required to make quarterly reports, as now provided 
by law. (R. S. 1901, § 5883; R. S. 1897, § 6299.) 

63. Officers to supply sufficient books. 3. It shall be 
the duty of county school superintendents, township trus- 
tees and school boards to see that at all times there are 
sufficient number of books on hand, either in the hands of 
such superintendents, trustees or school boards respectively, 
or in the hands of the dealers in the different neighborhoods 
of their respective school corporations, to supply the pa- 
trons and pupils of the common schools with all needed 
books; and nothing in this act shall be construed so as to re- 
lieve them from any of the duties now imposed by law in 
this respect. (R. S. 1901, § 5884; R. S. 1897, § 6300.) 

64. — Duty of merchants and dealers. 4. It shall be the 
duty of all merchants or dealers who may be supplied with 
books by virtue of the provisions of this act to furnish the 
township trustee or school board of whom such books may 
have been purchased and received with a detailed state- 
ment of the number of books of each kind on hand on the 



SCHOOL LAW OF INDIANA. 51 

fifteenth day of May of each year, and at such other times 
during the year as the same may be called for by such trus- 
tee or school board; and any merchant or dealer who shall 
refuse for the period of five days after request to do so, by 
any trustee or school board entitled to receive the same, to 
furnish such statement as above provided, shall not be en- 
titled thereafter to purchase or sell any school books under 
the provisions of this act. And upon the receipt of any 
such report it shall be the dut}^ of such trustee or school 
board to forthwith transmit a copy thereof to the county 
school superintendent, who shall, within ten days after the 
receipt of any such report, transmit a copy thereof to the 
contractor, for which reports the contractor shall furnish 
the necessary blanks. (R. S. 1901, § 5885; R. S. 1897, 
§ 6301.) 

65. — County superintendent to make report. 5. It shall 
be the duty of each county school superintendent in this 
state, within ten days after receiving any report or money 
on account of the sale of any books, from any trustee or 
school board of his county, as hereinbefore provided, to 
make a full, true and verified report to the contractor of 
the number and kind of books so sold by the several town- 
ship trustees or school boards of his county, and of the 
number and kind of books on hands with the said school 
officers and himself, which report shall be accompanied by 
all cash received by him from such trustees or school boards 
on account of such sales; and he shall file a duplicate there- 
of in the office of the auditor of his county. The necessary 
blanks for which reports shall be furnished by the contract- 
or. (R. S. 1901, § 5886; R. S. 1897, § 6302.) 

66. Officers failing to report — Right of action. 6. 

Upon failure of any township trustee, school board or coun- 
ty school superintendent to perform any duty or to make re- 
port of any cash received by him or them, as reauired by 
the provisions of this act, a right of action shall immediate- 
ly accrue to the contractor against the said officer so in de- 
r4] 



52 SCHOOL LAW OF INDIANA. 

fault, and the sureties upon his official bond, for an account- 
ing and for the recovery of any money received and not 
transmitted by him or them, and for any damage which 
may have resulted from his or their neglect or failure to 
comply with the provisions of this act; and any judgment 
in favor of the contractor in any such action shall include 
a reasonable fee for the attorney prosecuting the suit, and 
such judgment shall be collectible without relief from valu- 
ation and appraisement laws, and shall be without stay of 
execution. (R. S. 1901, § 5887; R. S. 189Z, § 6303.) 

67. Failure to report at expiration of term — Embezzle- 
ment. 7. Any county school superintendent, township 
trustee or member of any school board of this state who 
shall fraudulently fail or refuse, at the expiration of the 
term for which he was elected or appointed, or at any time 
during such term, when legally required by the proper per- 
son or authority, to account for and pay over to such per- 
son or persons as may be lawfully entitled to receive the 
same, all money or school books not previously accounted 
for, which may have come into his hands by virtue of the 
provisions of this act, shall be deemed guilty of embezzle- 
ment, and upon conviction thereof, shall be imprisoned in 
the state prison not more than five years nor less than one 
year, and fined in any sum not exceeding one thousand dol- 
lars and rendered incapable of holding any office of trust or 
profit for any determinate period. (R. S. 1901, § 5888; R. S. 
1897, § 6304.) 

68. Sale for more than contract price a misdemeanor. 8. 

Any merchant or dealer who shall knowingly or willfully 
charge, receive, collect or attempt to charge or collect, for 
any school book or books by him sold to any school patron 
or pupil, any sum in excess of the price at which such book 
or books are required to be sold by law, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be imprisoned in the county jail not more than six months 
nor less than thirty days, and fined in any sum not exceed- 



SCHOOL LAW OF utoiana. 53 

ing five hundred dollars. (R. S. 1901, § 5889; R. S. 1897, 
§ 6305.) 

69. Contractors to file consent for revision of books. 9. 

Whenever the contractors for furnishing books for use in 
the common schools, under the provisions of existing laws 
hereinbefore speciiied, shall have filed with the state super- 
intendent of public instruction their consent, in writing, to 
the revision or the introduction of an intermediate book, as 
hereinafter provided, duly executed by them, and the state 
board of school book commissioners shall determine that a 
revision is needed of any or all of the books in use in the 
common schools under contract made pursuant to law, or 
that an intermediate grammar or language lessons is need- 
ed, then it shall be lawful for the state board of school book 
commissioners to order a revision to be made of any or all 
of such books as in their judgment may be found necessary 
for the welfare of the common schools of the state, in the 
manner and under the conditions following: 

The said board of school book commissioners shall select 
a competent author or authors to perform the work of re- 
vision of the subject-matter of such book or books so or- 
dered to be revised. The entire cost of such revision, in- 
cluding the manuscript, illustrations, engravings, maps and 
plates therefor, shall be paid by the contractor or contract- 
ors who may at the time of such revision be required to fur- 
nish such book or books under their contra'ct with the state. 
The cost and expense, however, of such revision shall first 
be agreed upon by the state board of school book commis- 
sioners and the contractor or contractors before such work 
of revision is commenced: Provided, If said board and 
contractor or contractors shall, for a period of sixty days 
after an estimate of the cost of any proposed revision has 
been furnished by such state board to the contractor, be un- 
alDle to agree upon an amount, which in the opinion of such 
state board would be necessary to cover the cost of any 
such revision, then the said state board may advertise for 
bids from publishers of school books for furnishing any 



54 SCHOOL LAW OF INDIANA. 

siicli book or books, the cost of revision of which could not 
be agreed upon; and in such advertisement, selecting and 
contracting for such book or books, the said board shall be 
governed by the provisions of laws now in force respecting 
such matters. (R. S. 1901, § 5890; R. S. 1897, § 6306.) 

70- Author to revise — County and state superintendent 
to scale requisition. 10. Whenever the revision of any 
book, or series of books, shall be determined upon by the 
state board of school book commissioners, and they shall 
have contracted with an author or authors to furnish the 
manuscript for such revision, sufficient time shall be given 
to the author in which to perform the work of revising the 
subject matter of such books to the acceptance and satis- 
faction of such board, and when the revision of the subject 
matter of any such book is completed by the author and the 
manuscript thereof furnished to the contractor, at least six 
months ' time shall be given the contractor in which to make 
the necessary illustrations, engravings, maps and plates, 
manufacture and ship the books to the various school cor- 
porations of the state before any such contractor shall be 
required to furnish any such book, or series of books, so re- 
vised for use in the schools of the state under his contract. 
And no new book, or revised book, or series of books, shall 
be introduced for use in the schools- of the state, at any time, 
by virtue of the provisions of this act, until the state board 
of school book commissioners shall have given notice to 
the county superintendents, township trustees and school 
boards of the state, by printed notice mailed to each of said 
school officers, last above named, at least twelve months in 
advance of the time when such book, or series of books, are 
to be used in the public schools, and like notice shall be giv- 
en by said county superintendents, trustees and school 
boards to all merchants and dealers in their respective school 
corporations, who may be selling the adopted books. And 
it shall be the duty of the state superintendent of public 
instruction and the county superintendents of each county 
to scale down to the minimum number all requisitions for 



SCHOOL LAW OF INDIANA. 55 

school books, which may be made after such notice is given, 
thereby enabling all township trustees, school boards, and 
dealers, to dispose of the stock of books in their hands ; but 
no dealer shall buy or carry on hand, at any time, more 
books than are actual] y needed to supply the demands there- 
for, for the purpose, or with the intent, of preventing the 
introduction of any new or revised book, according to the 
spirit of this act. And for the purpose of enabling the state 
superintendent of public instruction to determine when any 
requisitions should be scaled down in anticipation of the 
expiration of any existing contract, it shall be the duty 
of the contractor to furnish to said state superintendent a 
copy of the quarterly verified reports made by county su- 
perintendents to the contractor, giving the number and 
kind of books on hand with the various dealers and town- 
ship trustees and school boards of their respective counties; 
and at the expiration of such notice such book or books 
shall only be required to be introduced in the schools as 
new classes in the study of such branches are being formed, 
and all classes in such study, or studies, who, at the time 
of the expiration of the term of such notice, shall have pur- 
chased books for use in such classes, shall be allowed time 
to complete such books before being compelled to buy new 
or revised books. And at the expiration of any contract 
now in existence, or which may hereafter be made by the 
state board of school book commissioners, for furnishing 
books for use in the common schools of the state of Indiana, 
the books then in use in the common schools of this state 
under such contract or contracts shall be continued in use 
therein at the same price and upon the same terms and con- 
ditions until such time or times as the state board of school 
book commissioners shall determine that a revision thereof 
is necessary for the best interests of the schools, when such 
revision shall be made, or a new book contracted for and 
introduced for use in the schools as hereinbefoif^ specified: 
Provided, That, at the expiration of any such contract, the 
state board of school book commissioners shall require such 



56 SCHOOL LAW OF INDIANA. 

contractor or contractors furnishing snch books to execute 
a new bond, conditioned that they will continue to execute 
such contract in all regards as they had theretofore exe- 
cuted the original contract: Provided, further, That noth- 
ing herein contained shall be construed as restraining or 
preventing said state board of school book commissioners, 
after any such school book, or any such revised book,, shall 
have been in use in the schools of the state for a period of 
five years, from proposing to the contractor furnishing the 
same, such reduction in the price at which such book or re- 
vised book shall be continued in use in the schools for the 
next ensuing five years, as, in the judgment of said board, 
may seem reasonable. If such contractor shall accede to 
such proposed reduction, then the price of such book or re- 
vised book shall, for such ensuing period of five years, be 
fixed at the original contract price thereof, less the amount 
of the reduction so agreed upon, and such price shall be 
printed on the back of said book, as now required by law. 
In event said contractor shall not be willing to accede to 
such terms, the said board may appoint a disinterested per- 
son, conversant with such matters, and require the said con- 
tractor to select another such person, and the two so chosen 
shall select a third, and, thereupon, the three so chosen shall 
inquire into and consider what, if any, reduction ought to 
be made in the price at which such book or revised book 
should be furnished for use in the schools of the state for the 
next ensuing period of five years, and if they shall deter- 
mine that any such reduction ought to be made, they shall 
fix the amount of such reduction, and shall certify to the 
said board and to such contractor their determination in 
that behalf, and thereupon, if said contractor shall accede 
to the price thus arrived at, the price of said book for the 
next ensuing five years shall be fixed at that sum, and the 
same shall be printed on the back of such books, as now pro- 
vided by law, and said contractor shall be required to fur- 
nish the same at such price; but otherwise, in all regards 
under the provisions of this act and acts to which it is sup- 



SCHOOL LAW OF rNDLA^NA. 



57 



plemental. But if such contractor shall decline to accede to 
such price thus arrived at, then such board shall have the 
right, in their discretion, to proceed to advertise for bids to 
furnish a book in the place thereof; and, in so doing, and in 
all subsequent steps therein, they shall proceed in accord- 
ance with the provisions of this act and of the acts to which 
it is supplemental : iind, provided further. That nothing in 
this act contained shall be construed to prevent the state 
board of school book commissioners from exercising their 
discretion in deciding whether they shall order any of the 
books already in use under contract to be revised, or wheth- 
er, instead, they shall advertise for books to be adopted in- 
stead of said books already in use. (R. S. 1901, § 5891; E. 
S. 1897, § 6307.) 

71. Intermediate grammar or language lessons. 11. If, 
in the opinion of the state board of school book commis- 
sioners, an intermediate grammar or language lessons is 
needed for the better teaching of such branch of study, in- 
stead of a revision of' the series of grammars now in use, it 
shall then be lawful for such board to provide for such in- 
termediate book, and for that purpose shall proceed, as now 
provided by law, to advertise for proposals to furnish such 
book, requiring bond in such sum as they deem sufficient to 
insure the compliance with such proposals, consider such 
proposals and contract for such book: Provided, however. 
That such intermediate grammar shall be equal in quality 
as to material, style of binding and mechanical execution 
to Long's Lessons in English, and in subject matter shall 
embrace not less than 110 pages, and shall be adapted to 
follow in sequence to that of the language lessons book of 
said series now in use, and to be properly introductory to 
the matter contained in the complete book of the series as 
now adopted; and if revision of the grammar now in use 
should be determined upon by the state board of school 
book commissioners, then such modification shall be made 
of each or either of the books now constituting said course 
in grammar as shall adapt them more perfectly to use in the 



58 SCHOOL LAW OF INDIANA. 

same series, and as shall cover more perfectly the entire 
subject matter necessary to a complete education in this 
branch of learning. And said intermediate grammars shall 
not be sold to patrons or pupils of the public schools of this 
state at a price above or in excess of twenty cents each. (E. 
S. 1901, § 5892 ; E. S. 1897, § 6308.) 

72. State board to meet — Notice. 12. For the purpose 
of determining what book or books, if any, may need revi- 
sion, or whether an intermediate grammar is needed, the 
state board of school book commissioners shall meet on the 
first Monday of April, 1893, and shall then and there make 
such inquiry and examination of books then in use under 
contract with the state as shall enable them to determine 
upon the propriety of ordering any such revision or inter- 
mediate book or language lessons. And such board shall, 
within sixty days thereafter, determine and give notice to 
the contractors of any and all revisions that shall be re- 
quired to be made before the time of the expiration of the 
existing contract for any such book or books. (E. S. 1901, 
§5893; E. S. 1897, §6309.) 

[1905, p. 163. Approved and in force March 4, 1905.] 

73. Frequency of revision. 13. In no case shall any re- 
vision be required of any book or books used in the com- 
mon schools of this state of tener than once in every ten 
years, except copy books, histories and geographies, and all 
contracts for furnishing said books except histories, copy 
books and geographies, shall be for a period of ten years, 
and contracts for furnishing histories, copy books and geog- 
raphies shall be for a period of five years : Provided, That 
this act shall not be construed to extend or affect any exist- 
ing contract: " And, provided further. That the state board 
of school book commissioners shall have the right, by a 
vote of two-thirds of its members, to cancel the contract for 
the use of any school book at the expiration of five years, 
if satisfied that the use of said book would not be for the 
best interests of the schools of the state. 



SCHOOL LAW OF INDIANA. 59 

[1893, p. 165. Approved and in force March 1, 1893.] 

74. — Standard of revision — Contractor's bond. 14. 

Whenever any book or series of books shall be revised by 
order of the state board of school commissioners such book 
or books when completed and ready for use in the schools, 
shall be equal in every respect to the standard now fixed by 
law, as to subject matter, material, style of binding, and 
mechanical execution. And said state board, when con- 
tracting for any such revision, shall require the contractor 
or contractors to enter into a written agreement for the fur- 
nishing of such books, and to execute bond with resident 
freehold sureties to the acceptance of the governor of this 
state for the faithful compliance with their contract, such 
bond to be in such amount as said board shall deem suffi- 
cient for the purposes contemplated. (E. S. 1901, § 5895; 
R.S. 1897, §6311.) 

75. Appropriation. 15. The sum of one thousand dol- 
lars is hereby appropriated out of any funds in the state 
treasury not otherwise appropriated for the purpose of pay- 
ing costs and expenses incident to the giving of notices 
herein provided for by said state board of school book com- 
missioners, and to pay the expenses of the state superin- 
tendent of public instruction incurred in the distribution of 
this act, and of the acts to which this is supplemental, as 
herein required, and to carry out the provisions of this act. 
(R. S. 1901, § 5896: R. S. 1897, § 6312.) 

76. New bond. 16. If at any time the state board of 
school book commissioners shall find that the bond of any 
contractor, contracting to furnish books for use in the com- 
mon schools of the state of Indiana, under this act, or the 
acts to which it is supplemental, has become insufficient to 
secure the faithful performance of such contract, or from 
any other reason become inoperative, they shall have the 
right to require such contractor to execute a new and suffi- 
cient bond to secure the faithful execution of such contract. 
And upon failure of any such contractor to furnish such 



60 SCHOOL LAW OF INDIANA. 

new bond within thirty days after being so required by said 
board, the said board shall give notice thereof to the attor- 
ney-general of the state of Indiana, who shall immediately 
upon receipt of such notice bring suit to procure the cancel- 
lation of such contract of such contractor so refusing. And 
service of summons in such cause upon the agent of such 
contractor in the state of Indiana shall be deemed and held 
to be sufficient service upon the contractor; and in such case 
the attorney-general shall receive a reasonable fee for the 
prosecuting of such action. (R. S. 1901, § 5897; R. S. 1897, 
§ 6313.) 

77. Stats superintendent's duty. 17. It shall be the 
duty of the state superintendent of public instruction, im- 
mediately upon the passage of this act, to cause to be print- 
ed a sufficient number of copies thereof, as well also of the 
acts referred to in the first section hereof, to furnish each 
county superintendent, school trustee and member of school 
boards in the state of Indiana, with one copy thereof, and 
promptly to distribute the same to such school officers 
through the county superintendents. (R. S. 1901, § 5898; 
R. S. 1897, § 6314. 

78. Act supplemental. 18. This act shall be construed 
as supplementary to the acts referred to in the first section 
hereof, and said former acts are continued in full force and 
effect, except so far as modified by the provisions of this 
act. (R. S. 1901, § 5899; R. S. 1897, § 6315.) 

1. Appropriation. Iu 1899 $1,000 was appropriated to carry out 
the provisions of the school book law. Acts 1899, p. 25. In 1901 $1,000 
was appropriated annually. In 1903 $1,000 was appropriated. Acts 1903, 
p. 37(5. 

[Acts 1903, p. 117. Approved February 28, 1903. In force April 23, 1903.] 

79. Reading Primer. 1. The state board of school book 
commissioners is hereby authorized to secure and adopt a 
school reading primer to be used in the public schools of 
Indiana, and to precede the readers now authorized by law 
to be adopted by said board. 



SCHOOL LAW OF INDLAIJA. 61 

80. Price, 2. The contract price of said primer to pu- 
pils in the schools of the state shall not exceed ten cents 
per copy. 

. 81. Old laws applicable. 3. All laws and parts of laws 
now in force and relating to contracts, manner of adopting, 
revisions, bonds, notices and records, or otherwise referring 
to the selecting, contracting, handling and nse of text-books 
for use in the public schools of Indiana, shall guide and 
control the state board of school commissioners and other 
school officers in the discharge of their duties in the selec- 
tion, adoption, handling and use of said school reading 
primer. 

82. Use in cities of 5,000. 4. The use of any school 
reading primer adopted as herein provided shall be optional 
with school boards in cities having a population exceeding 
five thousand inhabitants. 

11907, p. 586. Approved March 12, 1907. In force April 10, 1907.] 

85. Sale of school books. 1. On and after the taking 
effect of this act every contract made by the state board of 
education as a state board of school book commissioners for 
furnishing school books shall provide that the county super- 
intendent of schools in each county of the state shall ap- 
point some dealer or merchant within the county to act as a 
depository for the sale and distribution of school books con- 
tracted for by such board of school book commissioners, 
and he shall contract with said dealer or merchant to carry 
a sufficient supply of said adopted books to supply the trade 
in the county, and to sell the same at contract price, ex- 
cept to other dealers and merchants within the county, to 
whom he shall sell the books for cash at a discount of 10 
per cent, from the contract price. The said depository 
merchant or dealer shall also contract with said county 
superintendent to furnish to each publisher holding a con- 
tract with the state of Indiana under this act, satisfactory 
evidence of his financial responsibility, or furnish a surety 
bond covering the estimated amount of sales to be made by 



62 SCHOOL LAW OF INDIANA. 

him in any year, whereupon the said contractor or pub- 
lisher shall sell to said dealer all books ordered by him at 
a discount of 15 per cent, from the contract price: Pro- 
vided, That said school book depository shall pay cash to 
the contractor or publisher for all books received withiif 
sixty days of the date of shipment of such books : Provided, 
That the contractor shall pay all transportation charges to 
the nearest railroad or river station to said depository. It 
shall be the duty of said depository annually in July to 
ascertain from the county superintendent and local dealers 
the probable number of books that will be needed to supply 
the schools for the ensuing year, and upon receipt of this 
information he shall order said books on or before the first 
day of August in each year; and upon the receipt of such 
books he shall immediately notify the local dealers and 
merchants, desirous of handling such books. 

86. Proclamation by governor. 2. Upon the expira- 
tion of the last contract for school books now in force, the 
governor shall make proclamation that it is no longer the 
duty of school officers to deal in school books, a copy of 
which proclamation shall be mailed by the state superin- 
tendent of public instruction to each county superintendent 
throughout the state ; and from and after such proclamation 
it shall be unlawful for any school officer, trustee, commis- 
sioner or superintendent to deal in school books in his 
official capacity, and no part of the expense of dealing in 
such books shall be borne by any school officer or corpora- 
tion. 

87. Existing contracts. 3. Nothing in this act shall 
prevent those who now hold contracts with the state of In- 
diana for furnishing school books from taking advantage 
of this act before the expiration of such contracts, and when 
any contractor shall so elect he shall immediately notify 
the state superintendent of public instruction, who shall 



SCHOOL LAW OF INDIANA. 63 

notify all coimty school book depositories that thereafter 
their orders shall include the books so transferred. 

88. Repeal. 4. All laws and parts of laws in conflict 
herewith are hereby repealed. 



SCHOOL LAW OF INDIANA. 



65 





CHAPTER VI. 




COUNTY 


SUPERINTENDENT. 


Sec. 






Sec. 




89. 


County superintendent. 




105. 


Issuance and record of success state- 


90. 


Eligibility. 






ment. 


91. 


Per diem for services. 




106. 


Appeal from statement. 


92. 


Repeal. 




107. 


Certificate from other state. 


93. 


Impeachment. 




108. 


Examination for graduation. 


94. 


Office — Supplies — Compensation . 




109. 


General duties. 


95. 


Shall examine teachers. 




110. 


When must enumerate. 


96. 


May revoke license. 




111. 


Cities exempt. 


97. 


Traffic in examination questions. 




112. 


Annual reports. 


98. 


Examinations — License. 




113. 


Apportionment — Report. 


99. 


Record book — -Report to State 


super- 


114. 


Compensation. 




intendent. 




115. 


Duty as to apportionment. 


100. 


State license. 




116. 


Duty as to school fund. 


101. 


Exemption from examination. 




117. 


Interest in private school, can not 


102. 


Record of examination. 






have. 


103. 


Items for success grades. 




118. 


Penalty. 


104. 


Superintendents furnish items. 




119. 


Duty of prosecuting attorney. 



[1899 p. 240 Approved and in force March 3, 1899.] 

89. County superintendent. 1. The township trustees 
of each county in this state shall meet at the office of the 
auditor of their county on the first Monday of June, 1899, 
at 10 o'clock a. m., and every four years thereafter, and 
elect by ballot a county superintendent for their county. 
Such county superintendent, unless sooner removed, shall 
hold his office until his successor is elected and qualified. 
Before entering upon the duties of his office he shall sub- 
scribe and take an oath to perform faithfully such duties 
according to law, which oath shall be filed with the county 
auditor. He shall also execute a bond, with freehold 
security, to the approval of the county auditor, payable to 
the state of Indiana, in the penal sum of five thousand dol- 
lars, conditioned upon the faithful discharge of his duties 
according to the law, and faithfully to acount for and pay 
over to the proper persons all moneys and property in con- 
nection with his duties under the text-book law which may 
come into his hands by virtue of such office. As soon as 
such bond be filed, the coimty auditor shall report the name 
and postoffice address of the person so elected to the state 



66 SCHOOL LAW OF INDIAlSrA. 

superintendent of public instruction. "Whenever a vacancy 
may occur in the office of county superintendent, the said 
township trustees, on at least three days' notice given by 
the county auditor, shall assemble at 10 o'clock a. m. on 
the day designated in such notice at the office of such 
auditor, and fill such vacancy by ballot for the unexpired 
term. *In all elections of a county superintendent the 
county auditor shall be clerk of such election, and in case 
of a tie vote the auditor shall cast the deciding vote. Such 
auditor shall keep a record of such election in a book kept 
for that purpose. (R. S. 1901, § 5900.) 

1. Amendments void. The act of March 9, 1875 (Acts 1875, p. 131), 
attempting to amend this section, and §§84 and 92, is unconstitutional and 
void. — Board v. Smith, 52 Ind. 420 ; State v. Harrison, 67 Ind. 71 ; liliewise 
in the attempted amendment of 1895 (Acts 1895, p. 208), Boring v. State, 
141 Ind. 640. 

2. Quorum for appointment. The county auditor, not being a mem- 
ber of the body, can not be counted in determining w^hether or not a 
quorum is present. An election by less than a quorum is void. — State v. 
Porter, 113 Ind. 79 ; State v. Edwards, 114 Ind. 581. 

3. Meeting of trustees. The trustees may be compelled by manda- 
mus to meet and elect a counts'^ superintendent, but they can not be com- 
pelled to elect a particular person to the office. If they fail to meet on 
the proper day, they may thereafter meet and elect such officer. — Wampler 
V. State, 148 Ind. 557 ; Sacket v. State, 74 Ind. 486. State v. Harrison, 67 
Ind. 71, is overruled by Wampler's case. 

4. Mode of election. The auditor has a right to act as the clerk of 
the board of election, keep a record of the same, and give the casting vote 
in case of a tie. The auditor's declaring a person elected does not amount 
to anything ; he has no right to make such declaration. It is the duty 
of the board of trustees to do that, and until they finally settle the matter 
a member has a right to vote. — State v. Kilroy, 86 Ind. 118. 

5. Who eligible. To be elegible to the county superintendency a 
person must be a bona fide resident and elector of the county. — R. S. 1881, 
§ 154 ; R. S. 1901, § 154 ; R. S. 1897, § 154. See also § 90. 

6. Disputed election. The qualifying of the appointee consists in the 
execution and acceptance of the required bond, and taking and subscrib- 
ing the oath of office. A person who has received the certificate of appoint- 
ment and taken the above action is county superintendent, at least de 
facto. If the validitj-' of the appointment is disputed, the right to the office 
may be tested by a writ of quo warranto against one of the claimants. 

7. Judicial notice. Courts take judicial notice of the year in which 
county superintendents are to be elected. — "Wampler v. State, 148 Ind. 557. 

8. Length of term. A county superintendent, properly elected and 



SCHOOL LAW OF INDIANA. 67 

qualified, holds his office until his successor is elected and qualified. — State 
V. Sutton, 99 Ind. 300. 

9. Record of election". The record of a superintendent's election, 
made by the county auditor, is prima facie correct, and is prima facie evi- 
dence of such election. — State v. Sutton, 99 Ind. 300, 

10. Election by ballot. In a suit regarding the validity of an elec- 
tion the ballots are the best evidence, but when they have been lost, it is 
proper for the jury or court to consider the testimony of trustees who cast 
the ballots, and of those who counted them and announced the result. — 
State v. SuttoR, 99 Ind. 300. 

IJ. Acquiescence in election. Where the trustees agreed that the 
election should be by ballot, adhered to that mode throughout, and at the 
time the result Avas announced supposed the result was correctly an- 
nounced, it was decided by the court that an adjournment without an ob- 
jection was not an acquiescence in the result, and that such action did not 
amount to an acquiescence in the result. — State v. Sutton, 99 Ind. 300. 
Without, however, regard to whether the votes of a majority of all the 
school trustees are necessary to the valid appointment of a county super- 
intendent, where such trustees recognize the appointment as valid, and the 
appointee qualifies and enters upon the duties of the office with the acqui- 
escence ©f all others, he may compel his predecessor to deliver the records 
of the office to him,— McGee v. State, 103 Ind, 444, 

12. Mandamus. Mandamus is the proper remedy to compel a super- 
intendent to turn over the records and furniture of the office to his suc- 
cessor, — McGee v. State, 103 Ind. 444. 

13. Resignation. Where, without notice of the withdrawal of a 
resignation previously made, the time arrives for it to take effect, and a 
successor to the incumbent is duly appointed, no formal acceptance of such 
resignation is necessary to deprive such incumbent of title to the office. — 
McGee v. State, 103 Ind. 444. 

14. Regularity of appointment. One can not contest the regularitj^ 
of the appointment of a successor, who has become invested with an ap- 
parent title, by refusing to surrender the records of the office. — McGee v. 
State, 103 Itid. 4M. 

15. Trustees present and not voting. There were eight trustees, all 
there were in the county, present. Four voted for A, and the other four 
declined to vote. The chairman announced that the vote was a tie, and 
the auditor then voted for A, and the chairman declared him elected. A 
qualified and demanded the office. It was decided that he was duly elected ; 
that there was a quorum present ; that he received the votes of all those 
present and voting, which was a majority of the number necessary to con- 
stitute a quorum, and that he received the necessary number without the 
vote of the auditor, who would only be entitled to vote in case of a tie. — 
State V. Dillon, 325 Ind. 65, 

16. Auditor voting. Township trustees met at the time required by 
statute; several ineffectual votes were taken, and on the last ballot one- 
half of the trustees voted for E, and the others voted blanks. A resolu- 
tion was then offered declaring that E be appointed. The vote on this 

[5] 



68 SCHOOL LAW OF INDIATiTA. 

resolution was evenly divided for and against it. The auditor then 
gave a casting vote for the resolution and a certificate of election was 
issued to E. It was held that the election of E was void. — State v. Ed- 
wards, 114 Ind. 581. This case, however, has been modified by the decision 
in the case cited in note 17, and it was overruled in State v. McFarland, 
149 Ind. 266, where it was decided that the county auditor is authorized 
to give the casting vote in case of a tie in all instances, regardless of the 
method adopted in voting. Now the election must be by ballot. 

17. Filing bond. Mere failure to file the bond within the time re- 
quired by law does not render the office vacant. — Board v. Johnson, 124 
Ind. 145. 

The auditor can not refuse to approve the bond on the ground that 
the superintendent was corruptly elected. — State v. Board, 124 Ind. 554. 

IS. When may be removed. Formerly a county superintendent could 
be removed at a special term of the board of county commissioners. — Huf- 
ford V. Conover, 139 Ind. 151. But now he must be removed by impeach-- 
ment in the circuit court. — Sec. 93. 

19. Trustee incompetent. The election of a county superintendent 
can not be declared illegal on the ground that a trustee, whose vote he re- 
ceived, and which was necessai'y to his election, was incompetent to hold 
the ofiice of trustee. — State v. Crowe, 150 Ind. 455. 

20. Sale of intoxicating liquors on election day. The statute does 
not prohibit the sale of liquors on the day a county superintendent is 
elected.— State v. Ilirsch, 125 Ind. 207. 

21. Not a judicial office. The office of county superintendent is not 
a judicial office. — Branaman v. Hinkle, 137 Ind. 496. 

22. Notice of meeting. The trustees meet for a regular election by 
command of the statute, not by virtue of the auditor's call ; but it is proper 
for the auditor to notify them of the time of the meeting. On the occur- 
rence of a vacancy the auditor notifies the trustees of the fact and fixes 
the day for them to assemble to fill it. 

23. Reconsideration of election or vote. If an election results, and 
is duly declared, the right of the person elected is consummated, and he 
can not be deprived of his office by the subsequent action of the board.^ — • 
Michener, Atty.-Gen. 

24. Tie. A tie means that tw© opposing candidates have each an 
equal number of votes. — Baldwin, Atty.-Gen. See notes 15 and 16. 

25. Recognition by state superintendent. It is made the duty of 
the county auditor to report to the superintendent of public instruction 
the name and address of the person appointed. That is the means provided 
by law for informing the state superintendent who has been appointed 
and he has no power to decide upon the validity of an election on informa- 
tion furnished from other sources, evidence aliu.nde. That is a question 
for the courts. 

26. Disputed election. The qualifying of the appointee consists in 
the execution and acceptance of the required bond, and taking and sub- 
scribing the oath of office. A person who has received the certificate of 
aijpointment and taken the above action is county superintendent, at least 



SCHOOL LAW OF INDIANA. 



m 



de facto. If the validity of the appointment is disputed, the issues may 
be joined by an action to replevin the records and properties of the office 
or by a writ of quo warranto against one of the claimants. 

27. Oeganizing boaed. If the trustees meet and proceed to* organize 
as a board, if there is a tie on chairman, the auditor may give the casting 
vote. — Michener, Atty.-Gen. 

28. Officer de jure. When a new superintendent is elected and 
qualified, all acts of his predecessor are void, which are performed there- 
after. — Hord, Atty.-Gen. 

29. City and town boards. The president of city and town school 
boards can not participate in the election of a county superintendent. — 
Hord, Atty.-Gen. 

30. When may take oath and file bond. The newly elected county 
superintendent may file his bond and take the oath of office as soon as he 
is elected. 

31. Extra help. The county council has power to make an allow- 
ance to the county superintendent for extra help in his office. 

32. Female. A female may be elected county superintendent. See 
sec. 448. 

33. Tie vote. If there be six trustees, and A receive three votes, and 
B, C and D one each, then there is no "tie," as no one has received an equal 
number of votes with A ; in that event the county auditor can not vote. 



[1905, p. 492. Approved and in force March 7, 1905.] 

90. County Superintendents — Eligibility. 1. No per- 
son shall be eligible to, or shall hold office of, county super- 
intendent unless he hold at the time of his election a thirty- 
six months' state license, a sixty months' license, a life or 
a professional license, to teach in the common schools of 
this state; but nothing herein contained shall affect the 
title to his office of any county superintendent now in office. 

91. Per diem for services. 2. A county superintendent 
shall receive in full for all services rendered by him four 
dollars and fifty cents ($4.50) per day for each day he shall 
be employed in the actual performance of his duties. 

- 92. Repeal. 3. All laws and parts of laws in conflict 
herewith are hereby repealed. 

1. "By section 3. H. B. 223, 1899, it is provided that the qualification 
for county superintendent shall be a thirty-six months' license, or a life or 
professional license to teach in the public schools of the state. R. S. 1894, 
section 6049, provides that diplomas from the state normal school shall be 



70 SCHOOL LAW OF INDIANA. 

considered sufficient evidence of qualification to teach in any of the schools 
of this state. You ask, 'Shall the state normal diploma be defined as a 
life license and thus make the holder elegible to the county superintend- 
ency?' The explicit language of the act of 1899 is 'No person shall be 
eligible to, or shall hold the office of county superintendent unless he hold 
at the time of his election a thirty-six months' license, or life or profes- 
sional license to teach in the public schools of this state.' It is to be noted 
that the act with regard to diplomas simply provides that the diplomas 
'shall be considered sufficient evidence of qualification to teach in any of 
the public schools of this state.' I know of no decision of the courts with 
regard to school license, but the same question has arisen repeatedly in 
states where the practice of medicine, dentistry, pharmacy and other pro- 
fessions without license is forbiddfen. In most of these states a license 
is issued as a matter of course upon the presentation of a diploma from 
a reputable college or professional school. Under these statutes cases have 
repeatedly arisen where the holder of a diploma having neglected to pro- 
cure a license under it has been prosecuted for practing his profession 
without a license and in every case it has been held that the fact that the 
defendant was entitled to a license and could have procured one on presen- 
tation of his diploma constituted no defense for the person without it. A 
similar case in Indiana where a woman had obtained a license to prac- 
tice medicine by fraud, the supreme court held that this license could not, 
under the law as it then stood, be taken away from her. It will be ob- 
served that the language of the act of 1899 is explicit. 'No person shall be 
eligible to, or shall hold the office of county superintendent unless he hold 
at the time of his election a thirty-six months' license, or life or profes- 
sional license to teach.' It is my opinion that this means that the actual 
license must be held to make a candidate eligible to office under the act 
and that nothing which is simply evidence of qualification to teach can 
take the place of the license distinctly required by the statute." — W. L. 
Taylor, Atty.-Gen. (See opinion book I, p. 349, attorney-general's office.) 

2. Must hold license. A county superintendent, at the time of his 
election, must hold a thirty-six months' state license, a sixty-months' 
license, a professional or life state license. 

3. Drinking intoxicating liquors cause for refusing to issue li- 
cense TO A county superintendent of schools.* I hold that the county 
superintendent ef schools must maintain the same standard of morality as 
teachers. In fact, the standard should be higher if any difference. County 
superintendents of schools are chosen from the ranks of teachers and can 
be reasonably expected to uphold the honor and dignity of the calling. 
Any question here probably hinges upon what the standard of morality 
of the teacher is to be. In discussing this standard it must be remembered 
that the real teacher is always more, much more, than a mere instructor. 
While consciously imparting knowledge the teacher is unconsciously teach- 
ing infinitely more than the mere facts involved in the subject in hand. 
Imitation is one of the strongest factors in education. All unconsciously 
the children take on the physical bearing of the teacher, his manner of 
speech, his mode of dress, his ways of thinking, his very character. The 



SCHOOL LAW OF INDIANA. 71 

teacher becomes the model of the children whether he will or no. It is 
not sufficient then that he be a good instructor merely. He must possess 
that subtle something called personality which by its very presence teaches. 

Recognizing this as true, the people, almost as a matter of fact, have 
come to set up a higher standard of conduct for the teacher and the super- 
intendent than for others. And this is perfectly proper. In our school 
work we set up high standards of character. In history, in literature, in 
physical culture, every day we are placing before the boys and girls the loft- 
iest ideals of manhood and womanhood. It is assumed that it is not manly 
or womanly to get drunk, to gamble, or to frequent places where liquor is 
sold. It is no longer considered respectable to drink at all or to frequent 
saloons and gambling places. Even in this day of sports the sport is not 
held in high repute by respectable people. A man's conduct is the evidence 
of his character. 

The great business, manufacturing and commercial concerns, the so- 
called soulless corporations, consider this a plain business proposition. They 
no longer want meil in their employ who drink or who frequent saloons. 

The county superintendent of schools occupies an office of highest im- 
portance and dignity.. No official in our school system or in any depart- 
ment of our state and county government has it in his power to do so much 
good or so much harm, for he is dealing primarily with teachers, many of 
them young both in years and experience, and with school children. The 
choice of a man for the position should mean that the best teacher in the 
community has been promoted ; that he is not only capable of teaching boys 
and girls both by precept and example, but that he is a leader of men and 
women, a teacher of teachers. If these things are true it must follow that 
the superintendent who has no more self-control, and no more regard for 
his office than to drink and become intoxicated has already lost his power 
of leading men and women and has thus forfeited his qualifications for th« 
the position. For the sake of the schools which he thus misrepresents and 
for the good of the community it should be no longer possible for him to 
hold such a position. — F. A. Cotton, State Superintendenf of Public Instruc- 
tion. 

4. Exemption ucensk. An exemption license does not qualify a 
man for the office of county superintendent. 

5. High school license. A person holding only a high school license 
can not be elected county superintendent. 

93. Impeachment. 2. Any county superintendent may 
be impeached for immorality, incompetency or general neg- 
lect of duty, or for acting as agent for the sale of any text- 
book, school furniture, maps, charts or other school sup- 
plies, and such impeachment proceedings shall in all things 
be governed by the provisions of law now in force for im- 
peaching county officers. (R. S. 1901, § 5901.) 

1. Statute. For the statutes concerning impeachment of officers, see 
R. S. 1897, § 8514 and § 8548 ; R. S. 1901, § 8108a and § 8108i 1, and acts 
1899, p. 188; R. S. 1901, § S108j 1. 



72 SCHOOL LAW OF INDIANA. 

94. Office — Supplies — Compensation. 11. The board 
of county commissioners sliall provide and furnish an office 
for the county superintendent of their county, allow and 
pay all costs incurred by him for postage, stationery and 
records in carrying out the provisions of this act, upon his 
making to them satisfactory proof thereof. The county 
superintendent shall be paid for his services the sum of four 
dollars per day for the time actually employed. (Acts 189.9, 
p. 240.) 

1. Old law. Until this statute was enacted in 1899, tlie county was 
not required to furnisli tlie county superintendent an office.— Board v. Ax- 
tell, 96 Ind. 384. 

95. Shall examine teachers. 7. The county superin- 
tendent shall hold one public examination, beginning on the 
last Saturday of January, February, March, April, May, 
June, July and August of each year. In no case shall he 
hold a private examination, but special public examina- 
tions may be held any time upon written request of school 
boards as hereinafter provided. The county superintend- 
ent shall examine at such examinations, by a series of ques- 
tions furnished by the state board of education, all appli- 
cants for license as teachers in the common schools of the 
state. Before any applicant can be examined he shall pro- 
duce to the county superintendent a certificate of good, 
moral character from a school trustee of the county, then 
in office, or other satisfactory written evidence of good 
moral character, which certificate or other evidence shall 
be marked filed on that date by such county superintend- 
ent and preserved as an office paper. If, from the ratio 
of correct answers, the applicant is found to possess knowl- 
edge which is sufficient in the estimation of the county 
superintendent to enable said applicant successfully to 
teach, in the common schools of the state, orthography, 
reading, writing, arithmetic, geography, English grammar, 
physiology, the history of the United States, scientific tem- 
perance and literature, to govern such schools, and is 
versed in the science of teaching, the county superintendent 



SCHOOL LAW OF rNDTAIiTA. 



73 



shall at once fill out and deliver to such applicant a license 
for a term of six (6), twelve (12), twenty-four (24) or 
thirty-six (36) months, according to the ratio of correct 
answers and other evidences of qualifications given upon 
said examination, the standard of which shall be fixed by 
the county superintendent; and in examining persons for 
positions to teach in graded schools in cities and towns, the 
county superintendent may take into consideration special 
fitness of such applicants to perform the services required 
of them, and shall make on the licenses issued to such 
applicants a statement of the kind of work for which they 
are especially qualified; and all applicants, before being 
licensed, shall produce to the county superintendent the 
proper trustee's certificate or other satisfactory evidence 
of a good moral character : Provided, That a six months ' 
license shall be regarded as a trial license, and that no 
person who hereafter receives a six months' license in any 
county shall be again thereafter licensed from said county 
unless he obtains a grade which shall entitle him to receive 
at least a twelve months' license: And provided, That 
any person now possessing a thirty-six months' license, 
whose next consecutive license shall be for a term of thirty- 
six months, or any person who shall hereafter receive two 
licenses in succession, each for thirty-six months, may re- 
ceive, at the exi3iration of such several licenses, a license 
for the term of eight years upon such an examination held 
by the county superintendent as may be prescribed by the 
state board of education, and such license shall issue only 
upon the approval of the state board of education, and 
shall be styled a professional license, and shall entitle the 
holder to teach in any of the schools of this state: Pro- 
vided, That any person who has taught for six consecutive 
years in the common schools of this state, and now holds 
a three years' license to teach therein, or who, having 
previously taught for six consecutive years in said com- 
mon schools, and shall hereafter obtain a three years' 
license to teach therein, or who has heretofore been ex- 



74 SCHOOL LAW OF INDIANA. 

empted, shall be forever afterward exempt from examina- 
tion so long as lie or she shall teach in the common schools 
of the county in which said three years' license was 
obtained; but if such person shall, at any time after said 
exemption accrues, suffer a period of one year to pass 
without having taught one full school year in the common 
schools of the county within said period, then said exemp- 
tion shall cease at the option of the county superintendent ; 
and if such person shall, during such exemption, seek 
employment to teach other or higher branches in the com- 
mon schools of this state than those branches which were 
included in the examination upon which said three years' 
license was issued, then he or she shall be examined in such 
additional branches : Provided, That said county superin- 
tendent be authorized to issue an exemption license upon 
proper affidavit or affirmation of said applicant, and that 
said exemption license be subject to revocation as other 
licenses issued by said county superintendent. 

1. Appeal. If an applicant for a license is not satisfied with the grad- 
ing of his county superintendent he may appeal to the superintendent of 
public instruction ; and if, on the other hand, any patron of a school thinlis 
that a teacher thereof has been too liberally graded, the same right of ap- 
peal exists in such patron as in the applicant for a license. 

2. iNcoMPETEisjT TEACHER. A couuty Superintendent may refuse to 
license a teacher whom he knows to be incompetent to teach. There are 
two ways that such knowledge may come to him : 1st. From personal 
visitation and inspection of his school work. 2d. From statements made 
by those in a position to inspect such work. 

3. Exemption license. The law expressly says that a teacher must 
teach without interruption after a license is issued to him under the ex- 
emption clause of this section. The inference is that the six years' teach- 
ing done should have been done in the six years last past — that is, with- 
out any interruption — to entitle an applicant to the exemption. The county 
superintendent may require such evidence of his teaching in other counties 
as will satisfy him that the teacher has done the necessary work, and that 
he has shown a degree of success sufficient to justify the superintendent in 
granting the renewal. It is, therefore, decided by the superintendent of 
public instruction that the teaching must have been done in the six years 
last passed, but that the teaching in other counties may be credited if 
the county superintendent is fully satisfied that the teaching in other 
counties has been successful. 

4. Powers of superintendent not judicial — Liability. The county 
superintendent belongs to the executive department of the government; he 



SCHOOL LAW OF OTDLAJfA. 75 

acts in neither a judicial nor quasi-judicial capacity in licensing persons 
to teach, and he has a discretion on the subject of licensing teachers, which 
is so far analogous to judicial discretion that he is protected from any 
claim for damages on account of any mistake in his decisions, or error in 
judgment, either in granting or withholding a license. Yet he is liable 
in damages for maliciously withholding a license to teach from an appli- 
cant lawfully entitled to receive the same, and he will be held to have 
acted maliciously where he acts either from willful and wicked or from 
corrupt motives. — Elmore v. Overton, 104 Ind. 548. 

5. License and cektificate. There is no legal distinction between the 
granting of a license to teach and the act of issuing a certificate of that 
fact. The terms are convertible, and the "licensing" implies the issuing 
to an applicant of a written permission to teach in the public schools. — 
Elmore v. Overton, 104 Ind. 548. 

6. Principals and high school teachees in town and city schools. 
The spirit of the law is fully complied with when high school teachers pass 
examination in such branches and only such as they are required to teach. 
If an applicant is to teach say Latin, geometry, general history and physics, 
there is no good reason for requiring him to pass on the "eight common 
school branches." It is doubtful whether a teacher can legally draw 
money from the tuition revenue for teaching the high school branches on 
a common school license. The intention of the law clearly is that a teach- 
er's fitness to teach should be tested on what he is required to teach, not 
on what he is not required to teach. Generally an examination in the 
enumerated branches is sufficient, but when a school district has decided 
by legal school meeting, under section 256; that they desire other or higher 
branches taught in their school, then the superintendent must examine 
the applicant on the additional branches required by the school meeting. 
But in case a school board requires a special teacher in a graded school, 
such teacher should be examined only on what he is required to teach. 

7. Discretion. Reasonable discretion of the county superintendent 
can not be controlled by the courts. 

8. Mandamus. Mandamus will not lie to compel the issuance of a 
teacher's certificate by the county superintendent; the superintendent be- 
ing vested with a discretionary power, the court may compel him to act 
upon an application, but can not control his discretion. The mode of pro- 
cedure in such case is an appeal to the superintendent of public instruc- 
tion, and if after hearing the case he orders the county superintendent to 
issue a certificate, mandamus would lie to compel him to do so. 

9. Ministerial dity. Mandamus is the proper action to compel an 
ofiicer to perform any ministerial duty, but mandamus will not lie to compel 
the performance of any discretionary duty. 

10. Liability. If a county superintendent make an honest mistake 
in his judgment as to his duties under the law, or as to facts submitted 
to him, where he has a discretion, it will not render him liable for dam- 
ages. — Branaman v. Hinkle, 137 Ind. 496; Elmore v. Overton, 104 Ind. 548. 

11. Music. Notwithstanding this section does not require an appli- 
cant for a license to be examined in music, yet the school trustee may re- 



76 SCHOOL LAW OF INDIANA. 

quire music to be taught in the schools. — Myers Publishing Co. v. White 
River School Township, 28 Ind. App. 93 ; 62 N. E. Rep. 66. 

12. Success gkades. See section 105. 

13. Loss OF cEETiricATE, ETC. Tile certificate is only the evidence of 
a license. It follows that if a teacher loses his . certificate he remains 
licensed, and should be so treated, provided he can prove the facts. In 
such case a duplicate certificate may be issued from the superintendent's 
record. The failure of an applicant upon examination does not affect a 
license previously issued to such applicant, or afford ground for its revo- 
cation, 

14. Illegal issues of licetwses. If a new superintendent finds that 
licenses have been illegally issued by his predecessor, he should cancel 
the records and certificates thereof, and notify the school trustees in the 
county of such action. Before taking this action he should carefully in- 
vestigate the facts, and notify the parties interested, giving them an op- 
portunity to show that their licenses are valid. 

l.j. Additiojs'al bkancltes. Ordinarily, an examination in the enu- 
merated subjects is suflicient, but when a person is to teach other branches, 
his proficiency therein should not be left to conjecture. He should be ex- 
amined by the county superintendent in such "other branches" as he is 
expected to teach. This is expressly stated in the law in case a district 
school meeting has designated additional branches, and is an obvious infer- 
ence in all cases where additional branches are to be taught. 

16. Special teacher need wot have geixeeal license. Under the pro- 
vision^5 of this section it is not entirely plain whether it was intended that 
persons seeking positions in graded schools, because of their special fitness 
to tea(!h music, drawing, or penmanship, should hold a license qualifying 
them to teach in connnou schools ; but, in view of the construction given 
this section throughout the state in the graded schools, and adopting for 
myself the most liberal construction that can be given to the section, I am 
of the opinion that where school boards have directed the teaching of 
music, drawing and penmanship as independent branches in such schools, 
the only license that should be required of such teachers is as to their fit- 
ness to teach in such special branches. 

In arriving at this conclusion I have given to the statute the only 
construction which, in my judgment, will carry into force and effect the 
real intention of the legislature. 

To constiiie this act to mean that every professor of music, drawing 
and penmanship or other specialty required to be taught in the graded 
schools must first show himself to be competent to teach all the branches 
taught in the common schools would, in a majority of cases, prevent school 
boards from securing the very best talent to teach in these special branches. 
For it is but fair to say that those possessing the highest order of skill 
in special Jbranches are, in most cases, disqualified to teach in all the 
branches required to be taught in the common schools of the state. 

And I conclude, therefore, that the legislature, in authorizing these 
special branches to be taught in the graded schools, did not intend to re- 
quire of such persons other qualifications than their fitness to teach such 



SCHOOL LAW OF INDIANA. 77 

branches. This being true, all such persons, when emploj-ed to teach such 
special branches, should be paid therefor in the same manner as the other 
teachers are paid. 

17. Principal and high school teachers in town and city schools. 
I thinli the spirit of the law is fully complied with when high school teach 
ers pass examination in such branches and only such as they are required 
to teach. If an a])plicant is to teach say Latin, geometry, general history 
and physics, I see no good reason for requiring him to pass on the "eight 
common school branches." I question whether a teacher can legally draw 
money from the tuition revenue fof teaching the high school branches on 
a common school license. The intention of the law clearly is that a teach- 
er's fitness to teach should be based on a knowledge of the branches he 
may be required to teach. 

IS. Mandamus. Mandamus will not lie to compel the issuance of a 
teacher's certificate by the county superintendent; the superintendent be- 
ing vested with a discretionary power, the court may compel him to act 
upon an application, but can iiot control his discretion.^Bailey v. Ewart, 
52 Iowa, 111. The mode of procedure in such a case is an appeal to the 
superintendent of public instruction, and if, after hearing the case, he or- 
ders the county superintendent to issue a certificate, mandamus would lie 
to compel him to do so. 

19. Town ok city superintendent. A person employed to superin- 
tend and manage schools need not be a teacher nor have a teacher's cer- 
tificate. — 81 Mich. 214. But if he teaches any subject he must have a cer- 
tificate, otherwise he could not be permitted to teach, even though he drew 
no pay from the tuition revenue for teaching. 

20. Rule limiting license to teacher of county. A rule made by 
the county superintendent declaring that "no certificate is granted for a 
longer period than twelve months to an applicant who has never taught in 
this county" is carrying discretionary power to the point of discrimina- 
ation, and is unwarranted in law. 

21. Incompetent teacher. A county superintendent may refuse to 
license a teacher whom he knows to be incompetent to teach. There are 
two ways that such knowledge may come to him : 1st. From personal 
visitation and inspection of his school work. 2d. From statements made 
by those in a position to inspect such work. 

22. Incompetency to govern. A license may be refused an applicant 
on the ground of incompetency- to govern a school. 

23. Music A teacher of music must be examined in that subject. 
A teacher holding a life license in another state to teach music may 

have it countersigned in this state by the superintendent of public instruc- 
tion ; in which event it will not be necessary for him to be examined in 
music in this state. 

21. Exemption license for county only. An exemption license is 
only valid in the county in which issued. 

25. Qualification for exemption license. A county superintendent 
can not issue an exemption license after the thirty-six months' license has 
expired, nor grant one upon the basis of a three years' state license. 



78 SCHOOL LAW OF INDIANA. 

26. Professional license. A thirty-six months' high school license 
and a thirty-six months' common school license, together with the necessaiy 
experience, are satisfactory prerequisites to secure a professional license. 

27. High school license. A teacher can not teach any branch of 
study in a high school unless he has passed an examination in that branch 
and been licensed to teach it. 

28. High school teacher teaching common school grades. A high 
school teacher can not teach the common school branches unless he holds 
a common school license. 

29. Surrender of old license. An applicant for a license need not 
surrender his old license, although it has not expired. 

30. State normal certificate of proficiency. A state normal cer- 
tificate of graduation does not entitle the holder to teach without a license, 
but a diploma does so entitle him. Before the holder of a certificate of 
graduation can teach, he must secure a license from the superintendent of 
the county in which he desires to teach. 

31. Decoration day. Examinations falling on Decoration day can not 
be postponed, for the reason that the time for holding examinations is fixed 
by statute. 

96. May revoke license. 9. The county superintendent 
shall have the power to revoke licenses heretofore granted 
by himself or predecessors or hereafter granted by the 
state superintendent of public instruction, for incompe- 
tency, immorality, cruelty or general neglect by the holder 
of the business of his school. Due notice of such revoca- 
tions shall be given in writing by the county superintend- 
ent and an appeal therefrom shall lie to the state superin- 
tendent of public instruction, and if the same be taken 
within five days after notice is given it shall operate as 
a stay of proceedings until the state superintendent of 
public instruction shall have passed upon such appeal. The 
revocation of the license of any teacher shall terminate 
his employment in the school in which he may have been 
employed to teach. (R. S. 1901, § 5905 f.) 

1. Playing cards for money cause of revocation of teacher's li- 
cense. On behalf of the prosecution proof was introduced showing that 
some time prior to the 14th day of September, 1906, the county superin- 
tendent had accused the appellant of playing cards for money ; that on the 
date last mentioned he wrote a letter, formally charging appellant with 
being a poker player ; that two days later appellant came to the county 
superintendent's office and confessed that he had previously been in the 
habit of playing cards for money, but claimed that he had ceased to do 



SCHOOL LAW OF INDIANA. 



79 



so ; that the surrender of bis license was demanded by the county super- 
intendent about one week later, and refused. 

It was further soutiht to be shown by the prosecution that at a raid 
iii.ide by local officers on a certain gambling resort at 1:30 a. m. Sunday, 
tlie di'fendant was present, having coine to the premises soon after the 
raid was begun; that his explanation for being there was that he came to 
iiel]) .. friend who was one of the gamblers arrested as a result of this raid. 

The testimony of various peace officers tended to show that among 
otlier articles captured at this raid was a written memorandum contain- 
ing the name of the defendant with others; that Immediately following 
this memorandum were certain figures. 

Evidence was introduced to the efi'ect that the reputation of the ap- 
pellant in the community where he resided was that of a gambler, and that 
he had admitted to the town marshal that he had gambled and expressed 
an intention to quit doing so. 

On behalf of the appellant evidence was introduced showing that he 
had been a teacher for several years, and during that time had conducted 
his school to the satisfaction of the patrons and the school officials ; that - 
his reputation for morality and especially in regard to gambling, was good 
in the communitj- ; that he had never been arrested for gambling. 

In explanation of his presence at the raid, appellant testified that 
early in the evening he had heard that a raid would be made, and that a 
particular friend of his would probably be arrested; that this matter 
slipped his mind until late that night, after he had closed his store and 
gone to his home : that he then resolved to go to the place where the raid 
was to occur and attempt to warn his friend of his danger ; that in doing 
so he came upon the otticers while the raid was in progress. 

Appellant admitted upon his examination that he had played poker 
for money during six months preceding the revocation of his license; but 
asserted that he iiever played with pecuniary gain as an object, but only 
participated in the game socially ; that he had on various occasions played 
at the resort which was raided; that his games at this place were some- 
times protracted until three o'clock in the morning ; that they usually took 
place on Saturday night, and he played with some of the men who were 
afterwards arrested in said raid ; that he never won more than he thought 
his companions could afford to lose, and never lost more than he could 
afford to part with ; that his gains or losses ranged from one dollar a sit- 
ting to twenty-five dollars ; that he had bought poker chips at the resort 
where the raid occurred, but that his purchase never exceeded twenty-five 
dollars at a time. ' 

While the evidence is in conflict in many points, I am convinced that 
It establishes the truth of the charges made against the appellant by the 
superintendent. The previous conduct of appellant, his admission that he 
had at recent dates played games of chance for substantial sums of money, 
his frequenting the gambling resort where his gaming companions were 
arrested, his confession that he saw no harm in such pastimes and that he 
did not think his moral character suffered from these associations and 
,a.musementS; all proved beyond question that he had become addicted to 



80 SCHOOL LAW OF INDIANA. 

gambling. His presence at the resort is not sufficiently explained by him, 
as it seems scarcely credible that he woiild be so zealous in behalf of a 
friend that he would run the hazard of bein<j caught by the officers with 
other gamblers upon the premises, porhai)s in the very room where the 
game was going on, and thus obtain a notoriety and subject himself to 
criticism and ignominy, and yet absolutely forget for a whole evening the 
instant peril of that friend for whom he was suddenly willing to risk so 
much. 

I am, tliereforo, of the opinion that the evidence sufficiently proved 
that tbe appellant was addicted to the practice of gambling and was, there- 
fore, guilty of immoral conduct unbecoming one to whom is entrusted the 
instruction of youth, and who has been placed in a position where he may 
exert a powerful influence not only upon the fiitellectual life, but upon 
the moral standards of boys and girls. 

Ihe argument of the appellant's counsel, that to constitute a ground 
for revocation of a license, the specific act of immorality must have a 
direct and intimate relation to the but-iness of the teacher's school, is 
without merit. The statute permits revocation for "incompetency, immoral- 
ity, cruelty or general ncjglect, by the holder, of the business of his school." 
(Burns' Statutes 1001, section 5905f.) The latter clause "of the business 
of his school" qualifies and explains only the last preceding ground, viz., 
"general neglect." The construction contended for by appellant would lead 
to th(? absurdity of permitting a teacher to riot in immorality on Satur- 
daj's, Sundays, holidays, vacations, during noon hoiu's and recesses, and if 
he maintained a fair degree of decency during school hours, he could bid 
defiance to the school officials of tb.e county and the state. 

The contention of appellant that the proceedings before the county 
superintendent were illegal, as he was deprived of a valuable property 
right in his license without a hearing and witliout due process of law, is 
equally unfounded. It is of no practical importance whether he was un- 
justly denied a trial before the county superintendent or not. He has 
availed himself of his statutory right to appeal, and has had a full and 
ample hearing, where he has had the same right to introduce evidence that 
he contends he should have had before the county superintendent. The 
law was not designed to secure him two trials, but one ; and that a fair 
and impartial inquiry into the charges made against him. This he has had 
by ayipeal ; and no useful eud would now be subserved by deciding that, 
though the county superintendent might and ought to have revoked the 
appellant's license if a hearing had been had before him, yet as none such 
was held, therefore, a teacher who is clearly shown to be rendered incom- 
petent by immorality, should be permitted to retain his license and con- 
tinue teaching. 

My holding accordingly is that the decision of the county superintend- 
ent revoking the license of the apjiellant be and the same is hereby in all 
things confirmed and approved. — I'asskti A. Cotton, State Superintendent 
of Public Instruction. 

2. Revocation of LICE^SE. In the revocation of a license, the super- 
intendent may act upon his own knowledge, or he may proceed upon peti- 



ScttooL Law oj* iNDlAifA. 81 

tion of the patrons. In the former case he should make out and record 
charges and specifications, based on his own Imowledge, and furnish the 
teacer a copy tliereof, citing him to appear at a certain time and answer 
with such evidence and explanations as he may be able to give. The an- 
swer and evidence should be made a matter of record, together with the 
tlndiiag of the superintendent. In case a petition for the revocation of a- 
license is received from patrons, the superintendent may dismiss it if the 
cojnplaiuts are of a frivolous character. A more petition is not enough. 
Definite charges and specifications should be filed with it. When such 
charges are received, the superintendent should fix an early day for the 
trial, notifj' the teacher of the pendency of charges and furnish him a 
copy thereof, and notify ail parties interested of the time and place at 
which the trial will be held. An accurate record of all the proceedings 
should be made and all papers filed, for use in case of an appeal to the 
superintendent of public instruction. Whenever a license has been re- 
voked, the superintendent should make a record of the fact, and imme- 
diately notify all the trustees of the county. A license having once been 
granted, the teacher acquires a proprietary interest in it. It is in one sense 
property. No teacher should be deprived of his license without an op- 
portunity to answer charges that may be brought against him, whether by 
the county superintendent or others. The license of a teacher guilty of 
forgery may be revoked; he nmst, however, be actually guilty of the crime, 
and while an indictment against him is strong evidence of his guilt, it is 
far from conclusive ; for on the trial he may be acquitted. The fact that 
he dismissed school to attend his trial, does not authorize his dismissal. 
The fact that many citizens of the vicinity of the school believe he is guil- 
ty does not authorize the revocation of his license nor his dismissal. A 
license can only be revoked for the causes enumerated in the above sec- 
tion. If a majority of those entitled to vote at a school meeting petition 
the trustee to dismiss him, the township trustee may do so, after due no- 
tice and good cause shown. A county superintendent is not liable for re- 
voking a license unless he acted maliciously. — Michener, Atty.-Gen. 

2. Practice. When charges of incompetency are made against a 
teacher, those making the charges should be required to prove them by 
the oaths of such witnesses as have a knowledge of the facts. If the 
teacher fail in the government of his school, or ability to teach falls short 
of the proper standard, the superintendent is justified in revoking the 
license, if these facts are proved. The examination of the teacher in tech- 
nical school work has been settled by the issuing of a license to him. The 
charges of incompetency should cover that part of the teacher's work along 
the line of the practical or administrative side of his work. Observations 
of the county superintendent gleaned during his visits is proper evidence 
to be considered in passing judgnient upon the case. 

3. Immorality. "An act is considered as immoral which is incon- 
sistent with rectitude, contrary to conscience, wicked, unjust, dishonest or 
vicious." — Michener, Atty.-Gen. 



82 SCHOOL LAW OF INDIANA. 

[1S05. p. 584. Approved March 10, 1905. In force April 15, 1905.] 

97. Traffic in examination questions. 533. Whoever 
shall trade, sell, barter or give away, or offer to sell, trade, 
barter or give away to applicants for teachers' license, or 
to any other person; or whoever shall bny, purchase, bar- 
ter, or trade for, or accept, any of the questions [prepared] 
by the state board of education, to be used by county school 
superintendents in the examination of teachers, [or] in 
any way dispose of or accept any of such questions, con- 
trary to the rules prescribed by said state board of educa- 
tion, shall, on conviction, be fined not less than fifty dollars 
nor more than five hundred dollars. 

[1873, p. 75. Approved and in force March 8, 1873.] 

98. Examinations — License. 37. The county superin- 
tendent shall hold at least one public examination in each 
month in the year in his county; and in no case shall he 
grant a license upon a private examination; and all li- 
censes granted by him shall be limited to the county in 
which they are granted. (E. S. 1881, § 4427; R. S. 1901, 
§ 5903; R. S. 1897, § 6120.) 

1. When held. Examiuatious are now held on tbe last Saturday of 
the first eight months of the year. See section 95. 

[1899, p. 244. Approved and in force March 3, 1899.] 

99. Record-book — Report to state superintendent. 8. 
That the county superintendent shall provide a blank-book, 
at the expense of the county, in which he shall keep a rec- 
ord of his proceedings, and shall deliver such record, and 
all other books, papers and property appertaining to his 
office, to his successor. He shall also keep a record of all 
applicants for a license, kind and length of the license to 
which each successful applicant is entitled, as well as the 
number of licenses revoked by him. He shall report to 
the state superintendent of public instruction the names 



SCHOOL LAW OF INDIANA. 83 

(and dates thereof) of those whose licenses he revokes. 
(R. S. 1901, § 5905 e.) 

1. Paeol proof of contents of kecord. The presumption is that a 
eoiuity superintendent iieeps a record of his proceedings, which is the best 
evidence of his acts in eitiier granting or refusing a license ; and in an ac- 
tion against him for maliciously withholding a license, ■ oral proof of his 
admission that he had granted a license to the applicant is inadmissible 
unless it is a^■erred in the complaint and first shown that he kept no such 
record as required by the statute, or that such I'ecord is incorrect. — Elmore 
V. Overton, 104 Ind. 548. 

2. Kecordijsg decision. The decision of the superintendent is bind- 
ing, on appeal, on the trustee from the time it is given, though not entered 
in the superintendent's record until afterwards. — Knight v. Woods, 129 
Ind. 101. 

3. See sev.'tion 102. 



[1899, p. 488. Approved March 6, 1899. In force April 28, 1899.] 

100. State license. 1. The county superintendent shall 
examine at such examinations at such times and in such 
subjects as now required by law by a series of questions 
furnished by the state board of education, all applicants 
for license as teachers in the common schools of the state ; 
that such applicants shall have the right to elect to have 
their manuscripts sent to the state superintendent of pub- 
lic instruction for examination, which license shall not be 
confined to any particular county; but be taken as qualify- 
ing the person to whom granted, so long as in force, to 
teach anywhere within the state, if of the proper grade for 
the school for which he may be employed. Each applicant 
who so elects to have manuscripts sent to the state super- 
intendent of public instruction for examination shall, be- 
fore the examination begins, pay to the county superin- 
tendent a fee of one dollar, said payment to be made but 
once in any one calendar year, and if such applicant pre- 
sents himself at other examinations within the year, he 
shall exhibit a receipt to the county superintendent, show- 
ing that said fee has been hitherto paid : Provided, That 
no person shall be allowed more than three examinations 
in any one year, except on payment of one dollar for each 



84 scitooL Law of indiaNA. 

additional examination. The county superintendent shall 
issue his receipt for all fees paid under the provisions of 
this act, and shall immediately send such fees to the state 
superintendent of public instruction, who shall issue his 
receipt therefor to. the county superintendent. The state 
superintendent of public instruction shall use such funds 
in the employment of a sufficient number of qualified per- 
sons to grade the manuscripts and perform the services 
incident to the operation of the license system instituted 
by this act. The state superintendent of public insruction 
shall publish annually, under oath, an itemized statement 
of the receipts and disbursements of the moneys contem- 
plated in this act, stating for what paid and to whom paid, 
with proper receipts for the same, keeping the original re- 
ceipt on file in his office and open to public inspection. No 
examinations shall extend over a period of more than two 
days, and shall be conducted in the immediate presence 
of the county superintendent, pursuant to such instructions 
and directions as the state board of education may pro- 
vide. The manuscripts containing the answers to said 
questions shall be delivered by the applicant to the county 
superintendent, who shall designate the same by number. 
The county superintendent shall then record both the 
number of the manuscript and the name of the applicant 
in a record for that purpose, and send the fee named above 
and the grade of school-room suuccess, and the manuscript 
of the applicant numbered as above, to the office of the 
state superintendent of public instruction for gradation. 
The professional ability of school-room success of an appli- 
cant shall be furnished by the county superintendent and 
graded from 50 to 100 per cent. Teachers employed in 
a city or town school shall be certified to on professional 
ability by the town superintendent (if there be one) or 
city school superintendent. This shall be accepted by the 
county superintendent as the estimate of the applicant's 
professional success. The general average in the branches 
which shall indicate the applicant's academic standing, fur- 



SCHOOL LAW OF INDIANA. 



85 



nished by the state superintendent of public instruction, 
shall constitute one part of the applicant's grade, and the 
per cent, placed upon the applicant's school-room success, 
shall constitute the other part. The sum of these two items 
divided by two, shall give the complete general average 
upon which all the license shall be issued. If from the 
ratio of correct answers the applicant is found to possess 
knowledge which is sufficient to enable him successfully 
to teach in the common schools of the state, orthography, 
reading, writing, arithmetic, geography, English grammar, 
physiology, the history of the United States, scientific tem- 
perance and literature, to govern such schools, and is 
versed in the theory of the school, the county superintend- 
ent shall at once report the name and postoffice address 
of such person to the state superintendent of public instruc- 
tion, together with the grade of license to which such appli- 
cant is entitled, and the state superintendent of public in- 
struction shall at once fill out and mail to such applicant 
a license for a term of twelve (12), twenty-four (24), or 
thirty-six (36) months, valid for teaching the above 
branches only; and for sixty (60) months, the latter to be 
known as a high school license; such high school license 
shall include, in addition to the subjects enumerated above, 
such additional subjects as the state board of education 
may elect, which license shall be for use in the non-commis- 
sioned high schools of the state : Provided, That for the 
proper classification of teachers' licenses named herein, 
the life license shall be denominated a license of the first 
grade ; a professional license shall be denominated a license 
of the second grade; the high school license shall be de- 
nominated a license of the third grade; the thirty-six 
months' license shall be denominated a license of th6 
fourth grade; the twenty-four months' license shall be 
denominated a license of the fifth grade, and the twelve 
months ' license shall be denominated a license of the sixth 
grade. The standard of all licenses shall be fixed by the 
gtate board of education by indicating the minimum per 



86 SCHOOL LAW OF INDIANA. 

cent, in each branch and the required general average for 
each grade of license above enumerated. (R. S. 1901, 
§ 5905 b.) 

101. Exemption from examination. 2. Any person 
who has previously taught for six (6) consecutive years 
in said common schools, and shall hereafter obtain a three 
(3) years' license to teach therein, so long as he teaches 
the above named subjects, shall be forever afterward ex- 
empt from examination; but if such person shall, at any 
time after said exemption occurs, suffer a period of one 
year to pass without having taught one full school year in 
the common schools of the state within said period, except 
in case of physical disability, properly certified by a repu- 
table physician, then said exemption shall cease. If said 
person shall, during such exemption, seek employment to 
teach other or higher branches in the common schools of 
the state than those branches which were included in the 
examination upon which said three years' license was is- 
sued, then he shall be examined in such additional 
branches. 

102. Record of examination. 3. The county superin- 
tendent shall provide a blank book, in which he shall keep 
a record of minutes of his proceedings, and shall deliver 
such record, and all other books, papers and property ap- 
pertaining to his office to his successor. He shall also keep 
a record of all applicants for license and the kind and the 
length of the license to which each successful applicant is 
entitled, as well as the number of licenses revoked by him. 
He shall report to the state superintendent of public in- 
struction the names of those whose licenses he revokes and 
the date of such revocation. 

1. See section 99. 

2. Presumption. Courts presume that the county superintendent 
keeps a record of his official acts. Such record is the best evidence of 
such acts. — Elmore v. Overton, 104 Ind. 548. 



SCHOOL LAW OF INDIANA. 87 

[1903, p. 291. Approved March 9, 1903. In force April 23, 1903.] 

103. Items for success grades. 1. The state superin- 
tendent of public instruction is hereby required to pro- 
vide from time to time such schedule of items as should, 
in his judgment, enter into the record and grading in the 
item of a teacher's success by the city, town and county 
superintendent of schools. 

104. Superintendents furnish items. 2. It shall be the 
duty of the city, town and county superintendents of 
schools to visit each year the teachers under their charge 
and supervision, and from personal inspection and other- 
wise make an itemized statement and grading of the suc- 
cess of each teacher under their charge, and in accordance, 
with the rules and schedule of the state superintendent of 
public instruction, as provided in section 1 of this act. 

105. Issuance and record of success statement. 3. It 

shall be the duty of each school superintendent to issue 
over his signature and deliver to each teacher under his 
supervision, not later than July 1, each year, such a state- 
ment of the success of each as is contemplated in section 2 
of this act, and shall keep on file in a permanent record 
book duplicates of all such statements. A teacher's suc- 
cess grade so issued shall be his legal success grade for 
one year from the date of its issuance. 

SCHEDULE OF SUCCESS ITEMS. 

An act of the legislature, approved March 9, 1903, makes it the duty 
of the state superintendent of public instruction "to adopt and schedule 
the items entering into teacliers' success grades," the same to be used by 
the city, town and county superintendents in grading the "teachers under 
their charge and supervision." In compliance with the provisions of this 
act, the follo-ning form has been prepared : 

Note. — Teachers should make a careful study of the schedule. It will 
be used by superintendents in issuing success grades for the year ending 
July 1, each year. The items under section "D" are based on "Method of 
the Recitation," used in reading circle recently. 
I. The teacher. 

A. Personality, 20 per cent. 

1. Physical : habits, health, industry, ability to do things, 
neatness of attire. 



SCHOOL LAW OF INDIANA. 

2. Mental : habits, disposition, attitude towards cliildren, use 
of sarcasm, sincerity of purpose, ability to meet people, 
power to take the initiative, moral* worth. 

B. Scholarship, 15 per cent. 

1. Educational advantages. 

2. Present attitude as a student. 

a. liines of study. 

C. I'rofessional training, 10 per cent. 

1. In school. 

2. Through experience. 

3. Through individual study. 

4. Attitude toward the calling. 

a. Present lines of professional study. 

b. Atteiidance at educational meetings. 

D. As an instructor, 20 per cent. 

1. Pi'eparation. 

a. Before coming to class. 

b. Assignments. 

c. Skill in bringing the pupils into the right conscious at- 

titude for the new truth to be presented. 

2. Presentation. 

a. Knowledge of the mind of the pupil. 

b. Knowledge of the matter to be presented. 

c. Knowledge of ^A'ays of presentation. 

d. Skill in presentation. 
.3. Comparison. 

a. Skill in keeping the minds of all the pupils centered on 
the new truth being presented, and upon their own 
experience that \A'ill help them interpret at the same 
time. 
■ 4. Generalization. 

a. Sliill in leading pupils to draw correct conclusions and 
to state them well. 

5. Application. 

a. Skill in making pupils realize the new truth as their 
own. Ability in leading pupils to discover that school 
problems are life problems. 

E. Government, 20 per cent. 

1. Two ways. 

a. Through the conscious use of rewards and punishments. 
2. Through the inspiration of personality. 

2. Two types of order. 

a. Constrained, unnatural and dead. 

b. Free, natural and alive with the busy hum of industry 

that accompanies the understanding that each pupil is 
to do his work without disturbing his neighbors. 



*The success grade should not under any circumstances be issued to an immoral person. 



SCHOOL LAW OF INDIANA. 



89 



F. Coniinunity interest, lo per cent. 

1. Shown by — 

a. Part taken in the plans and affairs of the community, 

b. Care of school property. 

c. Co-operation with teachers, supervisors and school offi- 

cials, in school plans, exhibits, etc. 

2. Shown by — 

a. Ability to send common school graduates to high school. 

b. Ability to send high school pupils to higher institutions. 

The city and town siiperintendents should hand the success grades to 
their teachers not later than July 1st each year, and forward copies of the 
same to the county superintendents, who will keep the official success rec- 
ords for the counties. 

The couuty superintendents should ask the county councils to provide 
supplies of blanks and records made necessary by the passage of this act. 

The following explanations of the schedule are submitted : By scholar- 
ship is meant the time spent in study in some of the higher educational 
institutions in addition to the scholarship as shown on license. Teachers 
should be encouraged to study at least four years in advance of the work 
they are engaged in. A high school teacher should have a four years' col- 
lege course, and a grade teacher at least four years' high school course, etc. 

The teacher who is really interested professionally is the one who seeivs 
most persistently to better fit herself both by scholastic and professional 
training for more thorough work. Experience is sometimes counted by 
superintendents as a large factor in marking success, but the teacher who 
has taught twenty or more years may have shown in all that time no pro- 
fessional interest and little ability, and may have been unwilling to spend 
any of her time or money in real preparation for her work. It seems to 
me that a teacher who is willing to teach ten or twelve years without first 
having made extensive preparation for good work in some first-class school, 
ought to be ranked very low in success. 

By "community interest" is meant the co-operation of teacher with the 
other teachers and the principal or superintendent in furthering the aims 
and plans of the school community. Many teachers who are satisfactory 
in their schoolroom work do not fit into the community life of the school. 
They are controlled by little troiibles of various kinds, and are often exclu- 
sive and self-centered. This always gives annoyance to the principal and 
keeps him constantly adjusting troubles. Again, many good teachers are 
without ambition to assist in the general welfare of the school. They look 
after their own room, but give no time or attention to help carry out the 
suggestions from the principal or superintendent. The best teacher co- 
operates heartily with her principal, her superintendent and associates in 
all movements for the improvement of the school and the school community. 

The present attitude of the teacher as a student is an important item. 
A teacher who is satisfied simply to teach school without investigating and 
improving, except as suggested by the principal or superintendent, is not 
doing her best. She should be interested in good works on pedagogy, psy- 



90 



SCHOOL LAW OF INDIANA. 



chology, methods, etc. Her reading of school periodicals, attendance upon 
educational gatherings, her knowledge of current events, and the literature 
of the day, are all important factors to be considered in marking the success 
grade. 

The difficulty in applying this schedule will be in marking the details. 
After having marked the items conscientiously, the superintendent often 
finds that he does not give his real estimate of the teacher. He feels that 
it is too much or too little, especially when she is compared with other 
teachers whom he has marked just as carefully on the same plan. 

The superintendent should have in mind all the items mentioned in the 
schedule, but it will be difficult to marli them separately. After all, one's 
"general impression" of a school is a better guide than the summary of 
the several items, especially when the superintendent is in doubt. 

A teacher is successful when she is training her children to love order, 
obedience, politeness, and to have reverence for things sacred. In judging 
the work of a gardener we pay very little attention to the method of plant- 
ing, sowing, cultivating or reaping, but the emphasis is placed upon the 
growing plant in its various stages, and to the finished product. Likewise, 
in passing judgment upon tlie work of the teacher, the general spirit of 
the school, rather than the detailed analysis ; the "general impression" of 
the teacher's worth instead of the grading oj: the several items, should 
guide the superintendent in marking the success grades. 

F. A. COTTON, 
State Superintendent of Public Instruction. 

106. Appeal from statement. 4. The state superin- 
tendent of public instruction is hereby authorized to in- 
vestigate and revise such cases of unfair grading in the 
items of a teacher's success as may be brought to his atten- 
tion in a written appeal, made and sworn to before any per- 
son authorized to administer oaths, not later than thirty 
days after the issuance of said grade. All such sworn 
statements and papers relating to the case shall be filed 
with the county superintendent of schools, and shall by him 
be forwarded to the state superintendent of public instruc- 
tion within ten days after the filing of such appeal. 

1. Appeal. On appeal, all papers must be filed with the county super- 
intendent, and by him be sent to the state superintendent of public instruc- 
tion. 

[1899, p. 448. Approved March 4, 1899. In force April 28, 1899.] 

107. Certificates from other states. 1. The state super- 
intendent of public instruction may countersign the life 
state certificate of teachers of other states, when the hold- 



SCHOOL LAW OP ITTDIANA. 91 

ers of snch certificates shall have furnished satisfactory 
evidence of good moral character, and experience and suc- 
cess in teaching, as is required for life state certificates in 
this state ; and when so countersigned such certificates shall 
be valid in any of the schools of this state : Provided, That 
the requirements for obtaining the life state certificates of 
other states shall be equivalent to the requirements for the 
same certificates in this state. 

1. Note. Only life state certificates can be countersigned. 

[1899, p. 240. Approved and in force March 3, 1899.] 

108. Examinations for graduation. 6. The county 
superintendent shall provide for the examination of all 
applicants for graduation in the common school branches 
from township, district or town schools during the months 
of March, April and May, and furnish them certificates of 
graduation, if in the judgment of the county superintend- 
ent they are entitled thereto, which shall entitle the recipi- 
ents to enter any township, town or city high school of the 
state if he be otherwise entitled to the privileges thereto. 
He shall likewise provide for the examination of all appli- 
cants for graduation from the township graded or town 
graded high schools not employing a superintendent dur- 
ing the months of April, May and June, and furnish them 
certificates of graduation, if entitled thereto. He shall at- 
tend as many commencements as he can of the township 
and town schools, and also of the township and town high 
schools. He shall hold one preliminary institute in each 
township in his county before the schools for that school 
year open, for the purpose of helping the teachers in the 
organization of their schools and giving any other needed 
assistance; but instead of holding such preliminary insti- 
tutes in each township, he may hold a joint institute for two 
or more adjoining school corporations. 

1. Re-admission. A pupil who has once graduated from a distict 
school is not entitled to re-admission. 

2. Withholding diploma. A school board and county superintendent 
may require participation in the graduating exercises as a part of the work 



92 SCHOOL LAW OF INDIANA. 

of the senior year in (.lie district scliool, and non-participation in tliese exer- 
cises will justify the withholding of a diploma. 

3. Gkaduate entitled to high school privileges, a graduate from 
the common schools holding a diploma is entitled to the privileges of the 
high school of the corporation in which he graduates; and if tliere be no 
high school in that corporation the township trustee or school board must 
pay his tuition in the high school of some other school corporation. 

4. PcPiL FAILING IN EXAMINATION. If a pupil is promoted by his 
teacher, and then fails in the township examination for graduation, he can 
not enter a high school unless he pay his own tuition. 



[1839, p. 240. Approved and in force March 3, 1899.J 

109. General duties. 4. That the county superintend- 
ent shall have the general superintendence of the schools of 
his county, he shall attend each township institute at least 
once in each school year, and as often thereafter as pos- 
sible, and preside over and conduct its exercises. He shall 
visit schools while they are in session for the purpose of in- 
creasing their usefulness and elevating, as far as prac- 
ticable, the poorer schools to the standard of the best. He 
shall conduct teachers' institutes and encourage other like 
associations, and shall labor, in every practicable way, to 
elevate the standard of teaching and to improve the con- 
dition of the schools of his county. In all controversies of 
a general nature arising under the school law, the decision 
of the county superintendent shall iirst be obtained; and 
then an appeal, except on local questions relating to the 
legality of school meetings, establishment of schools, and 
the location, building, repair or removal of school houses, 
.or transfer of persons for school purposes and resignation 
and dismissal of teachers, may be taken from his decision 
to the state superintendent of public instruction on a writ- 
ten statement of facts, certified to by such county superin- 
endent. Nothing in this act, however, shall be construed 
so as to change or abridge the jurisdiction of any court in 
cases arising under the school laws of this state; and the 
right of any person to bring suit in any court in any case 
arising under the school laws shall not be abridged by the 
provisions of this act. He shall at all times carry out the 



SCHOOL LAW OF INDIANA. 



93 



orders and instructions of the state board of education 
and the state superintendent of public instruction, and 
shall constitute the medium between such state superin- 
tendent and subordinate school officers and the schools. 

1. Care aivd oveksight. Tlae superintendent has the care and over- 
sight of the schools of his county, with authority to direct in their organiza- 
tion and management. 

2. Power as to course of study and rules. The management and 
control of the school is conferred by law upon the trustees, and this power 
involves the right to prescribe a course of study and make rules and regula- 
tions. But the trustees also appoint a county superintendent, who, in a 
large department of school goveinament, is the representative and agent of 
the trustees, and to him their powers are delegated so far as is necessary 
to successful administration. If neither the county board of education nor 
the trustees individually have taken the necessary action, the superintend- 
ent may arrange a course of study and direct its enforcement in the schools, 
and may make reasonable nales and regulations, and the refusal of a 
teacher to obey the superintendent in these particulars would be such 
"neglect of the business of the school" as would warrant a revocation of 
his license, or would indicate such incompetence "to successfully teach" as 
would warrant a refusal to grant him another license. 

3. Liability. A county superintendent is not liable for his official 
acts, unless they were wanton and malicious, where he has a discretion in 
their performance. — Branaman v. Hinkle, 137 Ind. 496 ; Elmore v. Overton, 
104 Ind. 548. 

[1873, p. 68. Approved and in force March 8, I873.| 

110. When must enumerate. 40. When any trustee 
shall neglect to file with the county superintendent an 
enumeration of the children of the township, town or city, 
as required by section 118, the county superintendent shall, 
immediately after the first day of May in each year, employ 
a competent person to take the same, and allow a reason- 
able compensation for such services, payable from the spe- 
cial school revenue of the township; and shall proceed to 
recover the same in the name of the state of Indiana, for 
the use of said revenue of said township, by action against 
the said trustee in his individual capacity ; and in such suit 
the county superintendent shall be a competent witness. (E. 
S. 1881, § 4430; E. S. 1901, § 5906; E. S. 1897, § 6123.) 

1. In so far as the provisions of the above section affect the trustee, 
they are penal and apply only where he has failed to file any report, and 
they have no application when a report in proper form, duly verified, has 
been filed.— Young v. State, 138 Ind. 206. 



94 SCHOOL LAW OF INDIANA. 

[1899, p. 240. Approved and in force March 3, 1899.] 

111. Cities exempt. 5. City schools, however, having 
duly appointed superintendents, shall be exempt from the 
general superintendence authorized by this act, upon a 
written request of the school board of said cities that such 
supervision be not extended to such cities by the county 
superintendent. (E. S. 1901, § 5904.) 

[1895, p. 127. Approved March 5, 1895. In force June 28, 1895.] 

112. Annual reports. 41. The county superintendent 
shall, on or before the fifteenth day of May, annually make 
out and forward to the state superintendent the enumera- 
tion of their respective counties, with the same particular 
discrimination required of the trustees. AVhen, however, 
the state superintendent of public instruction, upon exam- 
ination of the enumeration returns of any county, or of any 
township, town or city of such county, finds any evidence 
that the enumeration is excessive in numbers, or otherwise 
incorrect, he may require the county superintendent to 
cause the enumeration of such county, township, town or 
city to be retaken and returned according to the provisions 
of this act, and the school revenue to be distributed to said 
county upon such corrected enumeration. If, however, 
the corrected enumeration is received by the state superin- 
tendent of public instruction too late for the semi-annual 
apportionment, the state superintendent of public instruc- 
tion shall make the apportionment on the last accepted 
enumeration. They shall, on or before the fifteenth day of 
October, annually furnish the statistical information which 
trustees are required to report to them in such form as 
may be prescribed by the superintendent of public instruc- 
tion. They shall also furnish with such statistical report 
such additional information, embodied in a written report, 
relative to the condition of schools, school houses, and the 
general progress of education, etc., in the county, as the 
state superintendent may from time to time call for. On 
failure of any county superintendent to make his report 



SCHOOL LAW OF INDIANA. 



95 



of enumeration by tlie fifteenth day of May, his connty 
shall be subject to a diminution of twenty-five dollars ($25) 
in the next apportionment of school revenue by the state 
superintendent, and on failure to make his statistical and 
other reports by the fifteenth day of October, his county 
shall be subject to a diminution of ten dollars ($10) in the 
next apportionment likewise. The sum thus withheld may 
be collected from said county superintendent, on his bond, 
in a suit before a justice of the peace, prosecuted in the 
name of the state, by any person living in said county who 
has children enumerated for school purposes for the cur- 
rent year, who is aggrieved by said diminution. Said suit 
may be commenced within two years from the time when 
said report is due, and not afterward : Provided, That said 
county superintendent may discharge himself from liabil- 
ity to such suit by a certificate of the postmaster that said 
report was mailed in due time, together with his own affi- 
davit of that fact. (R. S. 1901, § 5907.) 

1. Private institutions. County superintendents are expected to fur- 
nish statistical and otlier reports relative to private scnools, high schools, 
colleges and other private institutions of learning within their respective 
counties, so as to enable the superitnendent of public instruction to present 
a view of all the educational facilities of the state. 

2. See section 17. 

3. Mandate. Mandamus lies to compel the county superintendent to 
make the report required by the above section, and the trustees of a town- 
ship affected may bring the action for such a mandamus. — Young v. State, 
138 Ind. 206. 

[1865, p. 3. Approved and in force March 6, 1865.] 

113. Apportionment — Report. 42. The county super- 
intendent shall make out, from the lists of enumeration and 
the report of transfers, the basis of the apportionment of 
school revenue to the several townships, towns and cities 
of their respective counties, and parts of congressional 
townships of adjoining counties whose congressional town- 
ship fund is managed in their counties, and report the same 
to the proper county auditors by the first day of June, an- 
nually, so as to enable county auditors to accurately appor- 



96 SCHOOL LAW OF INDIANA. 

tion the school revenue for tuition. (R. S. 1881, § 4432; 
E. S. 1901, § 5908; R. S. 1897, § 6125.) 

1. Congressional townships. The basis of apportionment should 
show, by number and range, the congressional townships, or parts of con- 
gressional townships, which form each civil township, the number of chil- 
dren enumerated in each of such parts ; also the whole number of children 
enumerated in each civil township. 'With the basis of apportionment he 
should file with the auditor a separate statement showing what congres- 
sional townships whose funds are managed in his county are divided by 
the county line ; also, the number of children enumerated in each part of 
such townships. 

[1873, p. 75. Approved and in force March 8, 1873.] 

114. Compensation. 43. The county superintendent 
shall receive four dollars for every day actually employed 
in the discharge of the duties required by this act. But 
before the county commissioners shall allow his per diem, 
the same shall be presented in a bill of account stating, in 
separate items, the nature and amount of service rendered 
on each day for which he claims compensation; which bill 
of account shall be verified by affidavit to the effect that 
the same and each item thereof is just and true. The county 
auditor shall draw his warrant on the county treasurer for 
the amount allowed by the board in favor of said superin- 
tendent, and the treasurer shall pay the said warrant out 
of the ordinary county revenues: Provided, however. That 
the said board of commissioners shall have power to deter- 
mine the number of days in each year in which the county 
superintendent may labor in the performance of the duties 
required of him in visiting schools : Provided, further. The 
number of days so allowed in each year for visiting schools 
shall not be less than the whole number of schools in such 
county over which such superintendent has control; and he 
shall receive no perquisites whatever. (R. S. 1881, §4433; 
R. S. 1901, § 5909; R. S. 1897, § 6126.) 

1. The salary of the county superintendent is now $4.50 per day. See 
acts for 1905. 

2. Amount of cl.vim. The superintendent should file his claim for the 
full amount of his services at ^i per day up to the the end of the quarter. 
—Board v. liinf ord, 70 Ind. 208 ; Campbell v. Board, 71 Ind. 185. 



SCHOOL LAW OF USTDIANA. 97 

3. ■ Reports xo bureau of statistics. The duty imposed on the county 
superintendent of schools (by R. S. 1881, §5720; R. S. 1901, §7768; R. S. 
1897, §8135), to malve reports to the bureau of statistics, is an official duty 
imposed upon the officer for which he is not entitled to compensation. — 
Yeager v. Board, 95 Ind. 427. 

L18"5, p. 131. Approved and in force March 9, 1875.] 

115. Duty as to apportionment. 6. Such superintend- 
ent shall see that the full amount of interest on school fund 
is paid and apportioned, and, when there is a deficit of in- 
terest of any school fund, or loss of any school fund or rev- 
enue by the county, that proper warrants be issued for the 
re-imbursement of the same; but no per centum beyond 
what is provided for herein and allowed shall in any case be 
paid him by said board of commissioners. (R, S. 1881, 
§ 4434; R. S. 1901, § 5910; R. S. 1897, § 6127.) 

[1873, p. 75. Approved and in force March 8, 1873.] 

116. Duty as to school fund. 7. The official dockets, 
records and books of account of the clerks of the courts, 
county auditor, county commissioners, justices of the peace, 
prosecuting attorneys, mayors of cities, and township and 
school trustees, shall be open at all times to the inspection 
of the county superintendent; and whenever he shall find 
that any of said officers have neglected or refused to collect 
and pay over interests, fines, forfeitures, licenses, or other 
claims, due the school funds and revenues of the state, or 
have misapplied the school funds and revenues in their pos- 
session, he shall be required to institute suit in the name of 
the state of Indiana for the recovery of the same, for the 
benefit of the school funds or revenues and make report of 
the same to the board of county commissioners and to the 
state superintendent. R. S. 1881, § 4435; R. S. 1901, 
§ 5912; R.S. 1897, § 6128.) 

1. Suit against township trustee. A county superintendent may 
bring an action against a defaulting township trustee ; but his right to bring 
such an action does not prohibit the successor of such trustee suing his 
predecessor. — Nichols v. State, 65 Ind. 512. 

2. See Carr v. State, 81 Ind. 342, t^oncerning the power of county super- 
intendents"" to bring suit. 



98 SCHOOL LAW OF INDIANA. 

[1901, p. 106. Approved and in force March 6, 1901.] 

117. Interest in private normal school. 1. No county 
superintendent shall conduct or assist in the conducting of 
any private or county normal school in this state, or re- 
ceive any pay or emolument from the management of such 
school. 

118. Penalty. 2. Any person violating the provisions 
of this act shall be fined in any sum not exceeding one hun- 
dred dollars, and shall be removed from office. (R. S. 1901, 
§ 5903b.) 

119. • Duty of prosecuting attorney. 3. It shall be the 
duty of the prosecuting attorney to bring an action in the 
name of the state of Indiana, on relation of himself, against 
any one violating the provisions of this act, for the enforce- 
ment thereof, and he shall recover from the defendant in 
such action a reasonable attorney fee. (E. S. 1901, § 5903c.) 



SCHOOL LAW OF USHDIANA. 99 

CHAPTER VII. 

COUNTY BOARD OF EDUCATION. 

[1877, p. 122. Approved and in force March 2, 1877.] 

120. County board of education. 8. The county super- 
intendent and the trustees of the townships, and the chair- 
man of the school trustees of each town and city of the 
county shall constitute a county board of education. Said 
board shall meet semi-annually at the office of the county 
superintendent on the first days of May and September (un- 
less the said days be Sunday, and if so, on the day follow- 
ing), a majority of whom shall constitute a quorum. The 
county superintendent shall preside at the meetings of the 
board, shall be allowed to vote on all questions as other 
members of the same are allowed to vote. Said board shall 
consider the general wants and needs of the schools and 
school property of which they have charge, and all matters 
relating to the purchase of school furniture, books, maps, 
charts, etc. The change of text-books, except cities, and 
the care and management of township libraries, shall be 
determined by such board, and each township shall con- 
form as nearly as practicable to its action ; but no text-book 
hereafter adopted by the county board shall be changed 
within six years from the date of such adoption, except by 
unanimous vote of all the members of such board: Pro- 
vided, That any text-book heretofore adopted by the county 
board of education shall not be changed within three years 
from the date of its adoption. (R. S. 1881, §4436; R. S. 
1901, § 5912; R. S. 1897, § 6129.) 

1. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 Ind. 491. 

2. Quorum, rules and regulations, records, etc. In the absence of 
the county superintendent the board may appoint one of its members presi- 
dent pro tem. No action can be talten by tlie board unless a majority of all 
the members are present. If such majority be present at any meeting the 
board may take legal action upon suitable questions by a majority vote of 
those present; but some questions requii'e a majority vote, and others a 
unanimous vote, of all the members of the board. . . 

m 



100 SCHOOL LAW OF INDIANA. 

The board may adopt rules and regulations for the government of the 
schools of the county. 

It is very important that school officers and county boards should make 
a careful I'ecord of their proceedings. If a board takes any legal action, 
and fails to record it, or makes an incorrect record, the record can be 
amended by order of the board at a subsequent meeting. A legal act is not 
necessarily void by reason of a failure to make a record of it ; but if a 
question should arise as to the action of a board, evidence may be taken at 
a subsequent meeting outside the records, and a new record may be made 
in accordance with the fact as ascertained. 

The county board and trustees have the right to make such rules and 
regulations, according to law, as will tend to promote the general good of 
the public schools, and it is the duty of teachers to carry out such rules in 
good faith. 

3. Can not make contracts. The county board of education has no 
power to make contracts. It is merely a quasi-corporation with but limited 
powers, and is nowhere authorized to contract, or sue or be sued. As a 
board it has no control of revenues, nor power to order any expenditure. 
But all or any number of the trustees may join together in purchasing or 
contracting for supplies, and such action may often be advisable. It is not, 
however, the action of the board. 

4. Adoption of high schooi, books. So far as the above section re- 
lates to the selection and adoption of text-books in the eight common school 
branches it was repealed by the text-book laws of 1889, '91, '93, 1903 ; 
but text-books for high school subjects, in the township graded schools, 
may be adopted by the county board of education, and their use enforced by 
all reasonable rules. 

5. Books used and how obtained. The legislature has the authority 
to prescribe the course of study and the system of instruction that shall 
be pursued and adopted, as well as the books which shall be used. — State v. 
Haworth, 122 Ind. 4(52. 

6. The legislature has the power to require a designated series of books 
to be used in the schools, and to require that the books selected shall be ob- 
tained by the school ofiicers from the person to whom the contract for sup- 
plying them may be awarded. It may not only prescribe regulations for 
using the books designated, but it may also declare how the books shall be 
obtained and distributed. — State v. Haworth, 122 Ind. 462. 

7. Illegal kulings of county board as to licenses. The rule of a 
county board declaring that "no person under the age of twenty shall be 
licensed to teach in this county," is unauthorized by the statutes, palpably 
unreasonable and unwarranted in law. 

8. Illegal rulings or county board as to holidays. The rules of the 
county board declaring that "no pay shall be allowed teachers for holidays 
that fall on legal school days" is illegal and void. 

9. Libel. A newspaper publication, charging that a county superin- 
tendent of schools, for a consideration in money, had, by the use of his in- 
fluence, induced the county board of education to order a change in school 
books, is a libel in the sense of the statute. — Hartford v. State, 96 Ind. 461. 



SCHOOL LAW OF mCIAKA. 101 

10. Legislature may prescribe duties of officers. The power over 
the school system is legislative and exclusive, and the legislature has 
authority to impose upon all officers whose tenure is legislative, such duties 
respecting school affairs as it deems proper. All such officers take their 
offices cum onere, and must do what the legislature demands, or else resign. 
—State v. Haworth, 122 Ind. 462. 

11. The county board may adopt n course of study and compel every 
pupil to take the entire course in the order prescribed on penalty of expul- 
sion. 

Our state constitution, article 8, section 182, directs the general assembly 
"to provide, by law, for a general and uniform system for common schools, 
wherein tuition shall be without charge, and equally open to all." As a 
result of this the general assembly enacted sections 11 and 109, which pro- 
vide for the proper administration of this "system of common schools." 
To hold that the general assembly charged the otHcers provided for in the 
above cited sections with the administration of the school system, without 
at the same time investing them with the necessary executive power to 
enforce their administration would be absurd. Such interpretation of these 
statutes would be the worst kind of travesty. It would be to render the 
whole common school machinery not onlj^ useless but ridiculous. 

The officers in the before mentioned sections have the undoubted legal 
authority to adopt a course of study and to make all reasonable rules and 
regulations for the proper carrying out of the same. The teachers, of 
course, would have to carry out such rules as are directed by the trustee 
or school board. — Supreme court in State v. AVebber, 108 Ind. 31, said : 

"A rule, prescribed by the superintendent of the free graded schools of 
a city, with the sanction of the trustees, that the pupils in the high school 
department shall, at stated intervals, employ a certain period of time in 
the study and practice of music, for which purpose they shall provide them- 
selves with a prescribed book, is an exercise of discretionary power con- 
ferred by law, and unless the regulation is shown to be unreasonable, or 
a satisfactory excuse for failing to comply therewith is given, mandamus 
vi^ill not lie to compel the school authorities to readmit a pupil who has 
been suspended for disobedience thereof." 

12. Election of truant officers. The acts of 1901 require the county 
board of education to meet ou the first Monday in May each year to elect 
truant officers. See "compulsory education law." 

13. Change of text-books — Contracts. The change of high school 
text-books and the management of township libraries is determined by the 
county board of education ; but as to other matters it is only advisory. 
It is not given authority to contract for school supplies — Myers Publishing 
Co. V. White River School Tp., 28 Ind. App. 91 ; 62 N. E. Rep. 66. 



102 



SCHOOL LAW OF INDIANA. 



CHAPTER VIII. 

ADMINISTRATION. 



Sec. 

121. School township. 

122. Towns and cities. 

123. School trustees — Election — Terms — 

Duties. 

124. Cities excepted. 

125. Repeal. 

126. Town abandoning control of schools. 

127. Conveyance to trustee. 

128. Charge of town schools. 

129. Trustees' bonds — Vacancy. 

130. Trustees manage revenues — Reports. 

131. Record — Duty as to revenue. 

132. Annual statement. 

133. General duties. 

134. Duration of school in any year. 

135. Care and management of school prop- 

erty — Janitors. 

136. Superintendent in cities and towns. 

137. Joint grade schools. 

138. Common schools defined — High school 

courses. 

139. High school studies. 

140. School house for several townships. 

141. Cost of erecting. 

142. Advisory board, emergency for action. 

143. Joint school district — Petition. 

144. Expense of establishing — Controlling 

school. 



Sec. 

145. Expense of maintenance. 

146. Abandonment of school district or cor- 

poration. 

147. Consent of voters to abandonment. 

148. Discontinuance and abandonment of 

small schools. 

149. Transportation of pupils to other 

schools. 

150. Repeal. 

151. Kindergartens. 

152. Tax for kindergartens. 

153. How collected. 

154. Night schools. 

155. Age of pupil. 

156. Manual training or industrial schools. 

157. Teachers — Rules and regulations. 

158. Tax to support. 

159. Surplus special school revenue. 

160. Things legalized. 

161. Teachers' report. 

162. Trustees' reports. 

163. Failure to report. 

164. Neglecting duties. 

165. Failing to serve. 

166. Trustees' accounts. 

167. Examination of trustee and his books. 

168. Correction of accounts — Removal. 



fl859, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 

121. School township. 1. Each and every township 
that now is, or may hereafter be, organized in any county in 
this state, is hereby also declared to be a school township, 
aind, as such, to be a body politic and corporate, by the 

name and style of " school township of 

county," according to the name of the township and of the 
county .in which the same may be organized; and, by such 
name, may contract and may be contracted with, sue and 
be sued, in any court having competent jurisdiction. (R. S. 
1881, § 4437; R. .S. 1901, § 5913; R. S. 1897, § 6130.) 

1. CoRPOEATioN DISTINCT. "There are two corporations in Greene 
county [conterminous in territory], witli almost the same name. * * * 
The lirst is denominated a civil township, the second a school township. 
* "' * It must be contemplated that the funds, etc., of these two corpora- 



SCHOOL LAW OF INDIANA. 103 

tions shall be kept separate. It is as au officer of the school township, and 
not as an oflieer of the ci^^l township, that the trustee has authority and 
power to levy a tax for the erection of school houses, and to expend the 
same for that puqDose. We think it must follow that it is as trustee of .the 
school township, and not as trustee of the civil town«jhip, that the trustee 
must contract for the building of schoolhouses. We do not think the 
trustees of the civil township can legally contract for the building of a 
schoolhouse and make the civil township liable therefor." — Carmichael v. 
Lawrence, 47 Ind. 554 ; Utica Township v. Miller, 62 Ind. 230 ; Harrison 
School Township v. McGregor, 96 Ind. 185 ; Johnson v. Smith, 64 Ind. 275 ; 
Inglis V. State, 61 Ind. 212 ;. Wright v. Stockman, 59 Ind. 65 ; Wingate v. 
Harrison School Township, 59 Ind. 520. A civil township has no power to 
make a contract for the benefit of school property. — Jackson Township v. 
Barnes, 55 Ind. 136; Jackson Township v. Home Insurance Company, 54 
Ind. 184; McLaughlin v. Shelby Township, 52 Ind. 114; Mcllwaine v. 
Adams, 46 Ind. 580 ; Hornby v. State, 69 Ind. 102. 

2. Intentions considered. But a note, showing on its face that it 
was given in payment for articles furnished for the use of schools, though 
executed by a tnistee apparently in the name of the civil township, binds 
the school township. — Moral School Township v. Harrison, 74 Ind. 93 ; 
Johnson School Township v. Bank, 81 Ind. 515 ; Jackson School Township 
V. Hadley, 59 Ind. 534 ; White v. Kellogg, 119 Ind. 320. 

3. Will. A devise by will, for the support of the public schools, can 
be made to a township ; and a devise to a township, without saying whether 
to the school or the civil township, is a devise to the school township. — 
Skinner v. Harrison iownship, 116 Ind. 139. 

4. Suit on official bond, A township trustee may be the relator in a 
suit upon the official bond of his predecessor, to recover moneys due the 
civil township, and also moneys due the school township; and under 'a 
proper complaint there may be a recovery of funds of either or both of the 
corporations ; but on a complaint in which he sues only as trustee of the 
civil township, he can not recover money due to the school township. — 
Steinmetz v. State, 47 Ind. 465. 

5. Civil township can not build a school house. A civil township 
has no authority to make a contract for the erection of a school Louse; and 
if it sue on a contract for the erection of a school house, the complaint, 
though it may state a good cause of action in favor of the school township, 
will be bad on demurrer.— McLaughlin v. Shelby Township, 52 Ind. 114; 
Utica Township v. Miller, 62 Ind. 230. A town -organized as a school cor- 
poration is the proper plaintiff in an action to recover land previously 
deeded for school purposes to the school township in which it is situated. — 
Newpoint Lodge v. Town of Newpoint, 138 Ind. 141. 

6. Pleadings must designate the corporation — Civil ok school. 
Wlioix' an action is brought against a township, and the township name, • 
merely, is given, it is conclusively presumed that the action is against the 
civil township. To make a complaint effective against the school corpora- 
tion, it must, by appropriate averments, designate the school township, or its 
representation. It should be against the "school township trustee." — Jarvis 



104 SCHOOL LAW OF INDIANA. 

V. Robertson, 126 Ind. 281 ; Braden v. Leibenguth, 126 Ind. 336 ; Baltimore 
R. Co. V. State, 159 Ind. 510 ; 65 N. E. 508. 

7. Suit against school trustees of town or city. An action to re- 
cover from a city or town school board should be brought, not against such 
trustees, but against the school corporation, by the name and style of "The 

school city of " filling the blank with the name of the city. — Sims 

V. McClure, 52 Ind. 267. 

8. Suit against township and not against trustee personally. .A 
summons reading, "You are hereby commanded to summons trustee Cicero 
school township," etc., sufficiently indicates that the action is against the 
township, and not against tiie trustee personally, and the township is bound 
to take notice of the pendency of the action. — Vogel v. Brown Tp., 112 Ind. 
299; distinguished in Cicero School Tp. v. Chicago National Bank, 127 
Ind. 79. 

9. Suit for school taxes. An action against a civil township for 
school taxes is bad on demurrer. — Wright v. Stockman, 59 Ihd. 65. 

10. No AUTHORITY TO BORROW MONEY — LIABILITY FOR BORROWED MONEY. 

There are restrictive provisions [in the school law] which, fairly construed, 
must be held to deny the authority to negotiate loans. — First National 
Bank v. Union School Tp., 75 Ind. 361. But if a trustee borrows money to 
build a needed and suitable school house, the school township receiving the 
benefit will be liable therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. 
But in such case it must be averred and proved that the school township 
received the benefit of the money. — Reeve School Tp. v. Dodson, 98 Ind. 
497; Union School '1 p. v. First National Bank, 102 Ind. 464; Cicero School 
Tp. V. Chicago National Bank, 75 Ind. 361, 368; Pine Civil Tp. v. Huber 
Mfg. Co., 83 Ind. 121 ; Lebanon National Bank v. Clinton School Tp., 24 
Ind. App. 359 ; Clinton School Tp. v. Lebanon National Bank, 18 Ind. App. 
42 ; Oppenheim v. Jackson School Tp., 22 Ind. App. 521. And that there 
was no fraud practiced in the execution of the note. — Boyd v. Mill Creek 
School Tp., 124 Ind. 193. See also Grimsley v. State, 116 Ind. 130; State 
v. Howes, 112 Ind. 323; Kittenger v. Monroe School Tp., 3 Ind. App. 411; 
Me-ssick v. Midland Ry. Co., 128 Ind. 81 ; Lebanon National Bank v. Clinton 
School Tp., 24 Ind. App. 359 ; Clinton School Tp. v. Lebanon National Bank, 
18 Ind. App. 42. Such were the decisions previous to 1899, but now a trustee 
can not borrow money ; the township advisory board must authorize loans 
to render them valid. 

11. Contracts of trustee — Notice. In dealing with the trustee of a 
school township, all persoijs are bound to take notice of his oflicial and 
fiduciax'y character, and to know that he can only bind his township by 
contracts which are shown to be authoi'ized by law. — Bloomington School 
Tp. V. National, etc., 107 Ind. 43; Union School Tp. v. First National Bank, 
102 Ind. 464; Kittenger v. Monroe School Tp., 3 Ind. App. 411; State v. 
Board, 147 Ind. 235 ; Clinton School 1 p. v. Lebanon National Bank, 18 Ind. 
App. 42 ; Davis v. Steuben School Tp., 19 Ind. App. 694 ; Board v. Galloway, 
17 Ind. App. 689; Board v. Hemphill, 14 Ind. App. 219 ; Snoddy v. Wabash 
School Tp., 17 Ind. App. 284; First National Bank v. Adams School Tp., 
17 Ind. App. 375; Austin Mfg. Co. v. Smithfield Tp., 21 Ind. App. 609; 
Myers Publishing Co. v. AVhite River School Tp., 28 Ind. App. 91. 



SCHOOL LAW OF IISTDIANA. 105 

12. School supplies — Necessary averments. A complaint against a 
school township on a contract for school supplies to be good must allege that 
such supplies are necessary and suitable for the use of the public schools of 
the township, and that they ha-^e been delivered to and accepted by such 
township. — Bloomington School Tp. v. National, etc., 107 Ind. 43. As to 
sufficiency of a complaint, see First National Bank v. Adams School Tp., 17 
Ind. App. 375 ; Clinton School Tp. v. Lebanon National Bank, 18 Ind. App. 42. 
And that there was no collusion to defraud. — Boyd v. Mill Creek School Tp., 
124 Ind. 193 ; Kitteuger v. Monroe School Tp., 3 Ind. App. 411. Where the 
suit is for school supplies furnished, school teachers may testify concerning 
their usefulness and the necessity of their purchase. — Litten v. Wright 
School Tp., 1 Ind. App. 92. 

13. Bank deposit-- -Promissory note. When a trustee of a school 
corporation executes promissory notes in the name of the corporation, de- 
posits the money in his own name, and draws it out upon checks signed by 
himself as an individual, he becomes the creditor of the bank for such de- 
posits, and the transaction is one between the bank and its depositor. — 
Union School Tp. v. First National Bank, 102 Ind. 464. 

14. No liability — When trustee has school funds in his hands — 
Note void. When the trustee has money in his hands derived from the 
school revenue or funds, the lender of money can not be subrogated to the 
rights of the persons holding claims against the school corporation. — Union 
School Tp., V. First National Bank, 102 Ind. 464; Clinton School Tp. v. 
Lebanon National Bank, IS Ind. App. 42; Killian v. State, 15 Ind. App. 261. 

15. Fraudui-ent issue of certificates of orders. If, by a conspiracy, 
certificates or orders are issued they are void, and even though the town- 
ship has not rescinded the contract, and retains the benefit thereof, it is not 
bound upon such fraudulent certificate or order, and the assignee is not 
entitled to recover the actual value of goods furnished the township. — Boyd 
V. Mill Creek School Tp., 124 Ind. 193. 

16. Orders witliout consideration void — Estoppel. If a trustee 
issues orders or certificates in the name of his township without considera- 
tion, such order or certificate is invalid and void, and in such case no act, 
conduct or promise of the trustee or his successors in office will estop the 
township from pleading the want of consideration as sufficient defense to 
any suit against the township upon such order or certificate. — Axt v. Jack- 
son School Tp., 90 Ind. 101 . 

17. Statute of limitations — Time of filing complaint. An amend- 
ment to a complaint has reference to the time at which the complaint was 
filed. Where a town was sued as a school corporation, but not specifically 
described as such, the time of filing an amended complaint — if the statute 
of limitations intervene — relates back to the time of filing the original com- 
plaint. — School 1'own of Alonticello v. Grant, 104 Ind. 168. 

IS. Judicial knowledge. The supreme court will take judicial knowl- 
edge that the township trustee is the trustee of the school township.^ — 
State V. McDonald, 106 Ind. 233. But it will not take judicial knowledge 
of the names of the townships of a county. — Bragg v. Board, 34 Ind. 405. 

19. De facto officers. The contract of a defacto township trustee, if 



106 SCHOOL LAW OF INDIANA. 

otherwise valid, is binding upon the township, — School Town of Milford v. 
Zeigler, 1 Ind. App. 138. 

20. LivEKY HIKE. A township is not liable for the hire of a livery team 
employed by the trustee to enable him to attend to the township's business. 
—State V. Board, 147 Tnd. 235. 

21. Office rent. The township is not liable for the trustee's office 
rent.— State v. Board, 147 Ind. 235. 

22. Township okder. A township order can not be assigned so as to 
cut off any defense the township may have against it. — Davis v. Steuben 
School Tp., 19 Ind. App. 694; First National Bank v. Osborne, 18 Ind. 
App. 442. 

23. Judgment on township oeder. But when a judgment has been 
rendered on a township order, the trustee who succeeds the trustee in whose 
term it was rendered can not have it set aside in order to defend against 
the order. — Davis v. Steuben School Tp., 19 Ind. 694. 

24. Liability on endorsement. A trustee is not liable on his endorse- 
ment on a township order, nor on his statement that it is valid and will 
be paid. — Fowler National Bank v. Brown, 19 Ind. App. 433 ; First National 
Bank v. Osborne, IS Ind. App. 442. 

25. Estoppel to deny debt. The approval of the report of the trustee, 
setting out that he had borrowed money for the necessary use of the town- 
ship, does not estop or prevent the township denying the validity of the 
debt.— Timmons v. Pine School Tp., 22 Ind. App. 93. 

26. Attorney fee in note. A township is not liable on its agreement 
in a note to pay an attorney fee. — Snoddy v, Wabash School Tp,, 17 Ind, 
App, 284, 

27. Township advisory board law. All the foregoing decisions were 
rendered before the township advisory board law was in force. All con- 
tracts now in violation of that law are void. See section 388.— Peck -Wil- 
liams, etc., Co. V. Steen School Tp., 30 Ind. App. 637 ; 66 N. E. Rep. 909 ; 
and see Moss v. Sugar Tp., 67 N. E. Rep. 460. 

28. Money furnished to complete school house. A recovery may be 
had for money advanced to a township trustee for the purpose of complet- 
ing a school house in course of construction, whea the money was in fact 
applied to that purpose. — White River School Tp. v. Dorrell, 26 Ind. 
App. 538. 

29. Music charts. A school township may purchase music charts. — 
Myers Publishing Co. v. White River School Tp., 28 Ind. App. 91. 

30. Contract for street improvements. A school town or school 
city can not legally contract for the construction of a street in front of its 
property, nor assume the payment thereof after the work is completed. — 
Sutton V. School City of Montpelier, 28 Ind. App. 315 ; City of Loirisville v. 
Leatherman, 99 Ky. 213 ; 35 S. W. Rep. 625. But now see acts 1903, p. 334. 

122. — Towns and cities. 4. Each civil township and 
each incorporated town or city in the several counties of 
the state is hereby declared a distinct innnicipa>l corpora- 
tion for school purposes, by the name and style of the civil 



rfCItOuL LAW OF IisTr)TA:N-A. 107 

township, tovi-n or city corporation, respectively, and by 
such name may contract and be contracted with, sue and 
be sned, in any court having competent jurisdiction; and 
the trustee of such township, and the trustees provided for 
in the next section of this act, shall, for their township, 
town, or city, be school trustees and perform the duties of 
ci -tIv and treasurer for school purposes. (R. S. 1881, 
§ 4488; R. S. 1901, § 5914; R. S. 1897, § 6131.) 

1. Corporate names. It has beeu decided, in very many cases, that 

the uame of the school corporation is "the school town (or city) of ," 

or "school township of county," and that, in this name, it must sue 

and be sued; that insteasd of a distinct function bestowed on the civil or 
municipal corporation, an independent and distinct corporation, for school 
purposes only, is created by this section ; and that section 121 is still in 
force. — Carmichael v. Lawrence, 47 Ind. 554 ; City of Huntington v. Day, 
55 Ind. 7; Jarvis v. Shelby, 62 Ind. 257; Harrison v. McGregor, 67 Ind. 
380 ; Delaware Tp. v. Board, 26 Ind. App. 97. 

2. Corporations independent. Each civil township and each incorpo- 
rated town and city is a distinct school corporation, entitled to receive and 
expend its proper school moneys independent of any control by any other 
such coiporation. — Johnson v. Smith, 64 Ind. 275 ; Campbell v. City of 
Indianapolis, 155 Ind. 186 ; same case, 57 N. E. Rep. 920. 

3. Designations in suits. The character in which an incorporated 
town may sue or be sued as a school corporation may be designated either 
in the title of the action, as a school corporation, or in the complaint, by 
an allegation of that fact. — Town of Noblesville v. McFarland, 57 Ind. 335 ; 
but see Steinmetz v. State, 47 Ind. 465 ; Robinson v. State, 60 Ind. 26 ; Inglis 
V. State, 61 Ind. 212. 

4. Property and revenues. When a village becomes incorporated the 
school town thus created becomes, as trustee by statute, the successor of 
the township in the right to the possession and control of school property 
within its territory. — School Town of Leesburg v. Plain Township, 86 Ind. 
582. And as soon as school trustees are appointed and qualified they have 
a right to demand and receive of the town ti'ustee whatever sums of money 
he has received by reason or on account of the school children residing 
within or transferred to the town, and he can not lawfully withhold it on 
any ground. He received and held it in trust for those children. — Johnson 
V. Smith, 64 Ind. 275. 

5. Corporations distinct. A civil township and a school township of 
the same territory are distinct corporations, and each must sue and be sued 
in its own proper corporate name, and neither can sue in the name of the 
other, or in that of the township trustee. So also a civil town and the 
school town are distinct corporations, which must sue and be sued in its 
own corporate name. — Wright v. Stockton, 59 Ind. 65. 

6. PowEB OF SCHOOL CITY. A city organized under the general law 



108 gCSOOL LAW OF INDIAlSTA. 

for the incorporation of cities has no power to buy or give its promissory 
notes for a county seminary, though for school purposes in a city. The 
power belongs to the school corporation of the city.— State v. City of Terre 
Haute, 87 Ind. 212. 

7. Division of revenues. AVhere money has been apportioned to a 
school township and received by the trustee thereof, some of which belongs 
to a school town afterward organized, and he refuses to pay it over, he 
may be compelled by mandate to do so, and the school trustees of the town 
are t"he proper relators in such a suit. — Hon v. State, 89 Ind. 249. 

8. Property oe school corporation. Real estate and buildings held 
by a school corporation for school purposes are subject to appropriation 
for highways as is private property. — Rominger v. Simmons, 88 Ind. 453, 

9.- Judicial notice. The courts will not take judicial notice of a town- 
ship organization, nor its name. — Bragg v. Board of Commissioners, 34 Ind. 
405 ; Swails v. State, 4 Ind. 51(i. 

10. Action. In dealing with a trustee of a school township, all per- 
sons are bound to take notice of his official character, and to know that he 
can only bind his township by contracts which are shown to be authorized 
by law. Therefore, a complaint against a school township on a contract for 
school supplies, to be good, must allege that such supplies are necessary 
and suitable for the use of the public schools of the township, and that 
they have been delivered to and accepted by such township. — Bloomington 
School Township v. National School Furnishing Company, 107 Ind. 43; 
Platter v. Board, 103 Ind. 360; Summers v. Board, 103 Ind. 262; Reeve 
School Township v. Dodson, 98 Ind. 497 ; Axt v. Jackson School Township, 
90 Ind. 101 ; Pine Civil Township v. Huber, etc., 83 Ind. 121 ; Kittenger v. 
Monroe School Township, 3 Ind. App. 411. 

11. Summons. A summons in an action against a township must be 
issued against the township ; and if issued against the trustee of such town- 
ship a judgment thereon against the township is void. — Vogel v. Brown 
School Township, 112 Ind. 317 ; Vogel v. Brown Township, 112 Ind. 299. 

12. City of Indianapolis. This section applied to the city of Indian- 
apolis, until the enactment of the law of March 3, 1871. — Campbell v. City 
of Indianapolis, 1.55 Ind. 186, 193 ; 57 N. E. Rep. 920. 

13. Newly incorporated town. If a newly, incorporated town em- 
braces a township school in which a teacher is employed to teach and the 
school term has begun at the time the town was incorporated, such teacher 
may continue and teach out the time for which he was employed. 



[1905, p. 437. Approved March 6, 1905. In force April 15, 1906] 

123. Schoo] trustees — Election — Terms begin August 1 
— Duties. 1. The common council of each city and the board 
of trustess of eacii incorporated town of this state shall 
at a regular meeting of such common council or board of 
trustees, after the incorporation of such city or town, elect 
three school trustees, who shall hold their offices one, two 



SCHOOL LAW OF USTDIANA. 



109 



and three years, respectively, from and after the first day 
of the next succeeding August. The term of each of said 
trustees shall be determined by lot at the time of such elec- 
tion by such common council or board of trustees, and an- 
nually thereafter the common councils of each city and the 
board of trustees of each incorporated town, at their regu- 
lar meetings in the month of June, shall elect one school 
trustee, who shall hold his office for three years from the.' 
first day of the next succeeding August. Such trustees shall 
constitute the school board of the city or town, and before 
entering upon the duties of their offices they shall take an 
oath faithfully to discharge the duties of the same. They 
shall meet within five days after the first day of August of 
each year and organize by electing one of their number 
president, one secretary and one treasurer. The treasurer, 
before entering upon the duties of his office, shall execute 
a bond to the acceptance of the county auditor, conditioned 
as an ordinary official bond, with at least two sufficient free- 
hold sureties, who shall not be members of said board, in 
a sum not less than double the amount of money which 
may come into his hands within any one year by virtue of 
his office. The president and secretary shall each give 
bond, with like sureties, to be approved by the county 
auditor, in any sum not less than one-third of the treasur- 
er's bond: Provided, That in case of a newly incorporated 
city or town such trustees shall meet within five days of 
their election and organize by electing the officers and giv- 
ing the bonds, as herein provided, which officers and bonds 
shall be continued until the first day of August next suc- 
ceeding such organization. All vacancies that may occur 
in said board of school trustees shall be filled by the com- 
mon council or board of trustees of the town, but such elec- 
tion to fill a vacancy shall only be for the unexpired term. 
The board of school trustees shall within five days after 
the first day of August of each year reorganize their boards 
and execute their bonds for the ensuing year. Said trus- 
tees shall receive for their services such compensation as 



110 SCHOOL LAW OF INDIANA. 

the common council of the city or the board of trustees of 
the town may deem just, which compensation shall be paid 
from the special school revenue of the city or town: And, 
provided, further, That the present incumbents of the of- 
fices of school trustees of any city or town shall hold their 
offices until the first day of August next succeeding the ex- 
piration of their terms: Provided, further. That the pro- 
visions of this act relative to the appointment of school 
trustees shall not be mandatory upon those incorporated 
towns wherein the school corporations have been or shall 
hereafter be abandoned. 

124. Cities excepted. 2. The provisions of this act 
shall not apply to cities of over fifty thousand inhabitants, 
according to the last preceding United States census. 

125. Repeal. 3. All laws and parts of laws in conflict 
herewith are hereby repealed. 

1. Town teustee. A town trustee of an incorporated town may be 
elected to the office of -school trustee.— State v. Myer, 60 Ind. 288. 

2. Time of election. As to the time of election, this section is merely 
directory ; and if omitted at the time it may be made afterward. — Sackett 
V. Foreman, 74 Ind. 486 ; Minniciv v. State, 154 Ind. 387. 

3. Resignations. A resignation of a town or city school trustee 
should be addressed to the body that elects, and is complete without formal 
acceptance ; yet its withdrawal even after acceptance but with the consent 
of the electing body is equivalent to a reappointment. In case of such 
resignation an election to All the vacancy may be held before the day set 
for the resignation to take effect. — Leach v. State, 78 Ind. 570. 

1. Power as to vaccination. School trustees have the power, as a 
measure of public safety and to guard against a contagious disease, to 
order school children to be vaccinated, but they should exercise it with dis- 
cretion. In some localities there is no eartlily danger of smallpox ; in 
others — as a crowded city — when the disease has made its appearance im- 
mediate measures should be talcen. The school trustees of a city or town 
or township may be compelled, by a mandate of the courts, to enforce an 
order of the board of health requiring all children to be vaccinated before 
being permitted to attend the public schools during a threatened epidemic 
of smallpox. — State v. Beil, 157 Ind. 25. See also Blue v. Beach, 155 
Ind. 121. 

5. Purchase of grouiud. The school trustees can not purchase ground 
or enter into contracts for building except with the approval of the com- 
mon council or town trustees. 



SCHOOL LAW OF INDIANA. Ill 

6. Office lucrative. As the statute provides for the compensation of 
town f^chool trustees, their otlice is a lucrative one within the meaning of 
the constitution, and a person can not liold it at the same time with another 
lucrative office. — Chambers v. State, 127 Ind. 365. 

7. Suit against towns. A cojnplaint against a school town alleging 
the eniployijient of plaintiff by tlie defendant to teach school and breach of 
the contract, is sufficient without alleging employment by the trustees of 
the town or that the town was incorporated, or that there was a board of 
trustees. I)i such a case a paragraph of a complaint founded on an account 
is good. — School Town of Rochester v. Shaw, 100 Ind. 26S. 

S. Officer de facto. Pending suit to determine who is school trustee, 
the courts will compel the county auditor to recognize the trustee in pos- 
session. — Leach v. Cassidy, 23 Ind. 449. Hold-over trustees can bind the 
school corporation. — School Town of Milford v. Ziegler, 1 Ind. App. 138. 

9. Amendment of 1875. This section Avas amended in 1875, and it 
superseded and took the place of the amendment of 1873 (Acts 1873, p. 68). 
Blakemore v. Dolan, 50 Ind. 194. 

10. Abolishing office. The legislature may abolish the office of school 
trustee, or shorten or lengthen the term thereof. — -Blakemore v. Dolan, 50 
Ind. 194. 

11. Old board's contract. A contract made by the board of school 
trustees of an incorporated town or city with a school superintendent or 
a teacher, prior to the annual election in June, of a new member of the 
board, and the reorganization required by statute, for services to be per- 
formed after the election of such member, is valid and binding on the school 
corporation. — Reubelt v. School Town of Noblesville, 106 Ind. 478. 

12. Mandamus. Mandamus lies to compel a school officer to deliver the 
records, books and papers of the office to his successor. — Frisbie v. Clarks- 
ville, 78 Ind. 269 ; and to compel the trustees of a town or city to elect 
school trustees. 

13. Extending term. The provisions of the constitution (R. S. 1881, 
§225; R. S. 1901, §225; R. S. 1897, §225) extending the regular terms of 
officers until their successors "shall have been elected and qualified," ap- 
plies to school trustees, and such trustees continue in office until their 
successors have not only been elected but have taken their oath of office and 
have filed their official bonds. — School Town of Milford v. Powner, 126 
Ind. 528. 

14. Board acts as unit. The board must act as a body, not as in- 
dividuals, the majority ruling; and their action should be recorded. 

But where one of the school trustees of a town signed a contract of 
employment with a teacher in one of the schools of the town, and at a called 
meeting the contract was adopted by the board and signed by another mem- 
ber, it became binding upon the town. — School Town of Milford v. Powner, 
126 Ind. 528. 

15. Validity of rules and regulations. Regulations adopted by per- 
sons in charge of school are analogous to by-laws enacted by municipal 
and other corporations, and both will be annulled by the courts when found 
to be unauthorized, against common right, or palpably unreasonable. — 
State V. White, 82 Ind. 278. 



112 SCHOOL LAW OF INDIANA. 

16. City councilman. The office of city couneilmau is not a lucrative 
office within the meaning of the constitution. — State v. Kirk, 44 Ind. 401. 

17. Justice of the peace can not serve as trustee. A justice of the 
peace can not serve as school trustee. — See State Constitution, Article 7, 
Section 16. 

18. Assent of majority. A majority of the board, at a legal meeting, 
must consent to an order to render it valid. — City of Logansport i^. Dyke- 
man, 116 Ind. 15 ; Herrington v. School Dist., 47 la. 11. 

19. Reasonableness of rules. Rules must be reasonable under the 
circumstances. — Fertich v. Michener, 111 Ind. 472. Any rule of the school 
not subversive of the rights of the children or parents, or in conflict with 
humanity and the principles of the divine law, which tend to advance the 
objects of the law in establishing public schools, must be considered rea- 
sonable and proper. — Fertich v. Michener, 111 Ind. 472 ; State v. Beil, 157 
Ind. 25. 

20. City clerk. The office of city clerk is not an office "under the 
State,!' within the .meaning of section 176, state constitution. — Mohan v. 
Jackson, 52 Ind. 599. 

21. Acceptance of lucrative office. If an officer holding one lucra- 
tive office accepts anotlier, the acceptance of the second vacates the first.— 
Howard v. Shoemaker, 35 Ind. Ill ; Mohan v. Jackson, 52 Ind. 599. 

22. Authority to adopt rules. The school board and school authori- 
ties have the power to adopt rules and regulations for the government of 
the schools under their control. — Fertich v. Michener, 111 Ind. 472. 

23. Rules oi' superintendent or teaches binding on pupils. Any 
reasonable rule adopted by the superintendent or teacher, not inconsistent 
with some statute or some rule prescribed by higher authority, is binding 
upon the pupils.— Fertich v. Michener, 111 Ind. 472. 

24. Gradation of pupils. When a child has graduated from one 
department it is ineligible to that department again. 

25. When two boards act together. When two boards act together 
a majority of the whole board of trustees, whether such majority come 
from one corporation entirely, or from different corporations interested, 
have the power to transact any and all business. — Hanover School Town- 
ship V. Gant, 125 Ind. 557. 

26. Ratification of contracts. Contracts may be ratified by the 
board either by special resolution or by acquiescence. 

27. Defalcation — Liability of members of boards. A trustee who 
has had no part in the misapplication of funds is not liable therefor. — 
State V. Julian, 93 Ind. 292. 

28. Contracts with de facto trustees. The contracts of de facto 
trustees with teacher are binding upon their school corporation ; and in 
an action by such teacher on the contract, the validity of their acts as offi- 
cers can not be called in question. — School Town of Milford v. Zeigler, 
1 Ind. App. 13S. 

29. Aquiescence in illegal election of officers. After six years of 
acquiescence and approval on the part of the school town in the election 
and serving of certain persons acting as school trustees, third persons deal- 



SCHOOL LAW OF INDIANA. 



113 



ing with them have the right to presume that they are at least officers de 
facto.— School To\^•u of Milforcl v. Zeigler, 1 lud. App. 138. 

80. Hiking of TKAtaiEES by old school board. A board of school trus- 
tees (not a township trustee, §342%), after their successors have been 
elected, and before they are entitled to serve as officers, may hire a teacher 
for the year beginning after their terms of office will expire. — School Town 
of Milford v. Zeigler, 1 lud. App. 188. A school trustee of a township can 
not ignore his predecessor's contract, because of mere formal and technical 
defects.— Sparta School Tp. v. Mendell, 138 Ind. 188. 

31. SiGNiJs'G CONTRACT. If the school board in session hire a teacher, 
the contract with him may be signed at different times ; and a signing by a 
majority of the trustees is sufficient. — School town of Milford v. Zeigler, 
1 Ind. App. 138. 

32. Abolishing school^Effect on teacher's contract. A contract 
with a teacher to teach can not be annulled by abolishing the school he was 
to have taught. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

38. Majority of trustees sufficient to make a contract. A contract 
by two of three trustees, when in session, "is valid." — School Town of Mil- 
ford V. Zeigler, 1 Ind. App. 188. 

34. Illegal design of trustee. A teacher's contract is not void when 
the trustees have an illegal purpose or design in view, if he does not partici- 
pate iu such purpose or design. — School Town of Milford v. Zeigler, 1 Ind. 
App. 138. 

35. Contest. Pending litigation io determine who is entitled to exer- 
cise an othce, the officer de facto shall act, and when it appeared to the 
court that A was in possession of the office of school trustee it properly 
compelled the county auditor to recognize him as such. — Leach v. Cassidy, 
28 Ind. 449. See also School Town of Milford v. Zeigler, 1 Ind. App. 188. 

3G. Employment by school town. A complaint against a school town 
alleging the employment of the plaintiff by the defendant to teach school 
and a breach of contract is sufficient, without alleging employment by the 
trustees of such school town, or that the town was incorporated, or that 
there was a Board of Trustees in said town. — School Town of Rochester v. 
Shaw, 100 Ind. 268 ; Sparta School Township v. Mendell, 138 Ind. 188. 

37. Suit on treasurer's bond — Penalty — Relator. The incoming 
treasurer may sue the outgoing treasurer on his official bond for failure to 
turn over funds in his hands, and such suit may be maintained without an 
order from the county commissioners. He is liable to the penalty of 10 per 
cent.— Sec. 91.— Hiatt v. State, 110 Ind. 472. 

88. Incoming treasurer entitled to receive money only from his 
predecessor. An incoming treasurer is entitled to receive money only from 
his predecessor. — Hiatt v. State, 110 Ind. 472. 

39. Trustee failing to take oath — Vacancy. If the trustee elected 
fails to take' his oath of office within five days after his election, he forfeits 
his office and another may be elected, unless for some valid reason, not of 
his own Jieglect, he has not been able to take the oath. — Minnick v. State, 
154 Ind. 879. But in the case of a township trustee, where a dispute arose 
as to when his term began, a failure to qualify within the time required by 



114 SCHOOL LAW OF INDIANA. 

the statute pertainng to such matters was held not to vacate his office. — 
Albaugh V. State, 145 Ind. 356. If a town or city school trustee take the 
oath of office, failure to give bond as president, secretary or treasurer of 
the board to which he is elected does not vacate his office as trustee, al- 
though it may as to such office of president, secretary or treasurer. — 
Koerner v. State, 148 Ind, 158. 

40. ApI'KOval 07 bond. The county auditor approves a school city or 
town trustee's bond. Sureties on |;uch a bond can not set up as a defense to 
an action on it that the city officers were guilty of laches in re-electing one 
trustee who was a defaulter in the former term. — Hogue v. State, 28 Ind. 
App. 285 ; 62 N. E. Rep. 656. 

41. Length of teem of trustee. A school trustee continues in office 
until his successor is not only elected, but until he files his bond and takes 
the oath of office.— School Town of Milf ord v. Powner, 126 Ind. 528 ; Koer- 
ner V. State, 148 Ind. 158, 

42. Conclusiveness of trustee's report. The annual report of a trus- 
tee, in an action on his bond for a failure to pay over to his successor money 
in his hands received from his predecessor is, in the absence of fi*aud or 
mistake, conclusive against him, but is not conclusive against his sureties, 
they having the right to show that it is erroneous or that the defalcation oc- 
curred during his predecessor's term. — State v. Mock, 21 Ind. App. 629. 

43. Neglect to collect funds. When a trustee's bond is conditioned 
that he shall collect all the moneys due and belonging to the township, his 
sureties are liable for his failure to collect the amount of a shortage occur- 
ring during a predecessor's term, when it is not shown that the trustee 
could not have collected the same. — State v. Mock, 21 Ind. App. 629. 

44. Residence— Compensation. If a town or city officer moves out of 
his corporation he vacates his office. If a man is an actual resident of a 
town at the time of the election, there is nothing prohibiting his election 
and acceptance of the office of school trustee, although he is not at the time 
an actual voter. 

After a school trustee has performed labor under an ordinance fixing 
his salary, his right to compensation cannot be cut ofl: by a repeal of the 
salary, but he can recover for services rendered at the rate fixed ; yet dur- 
ing the employment the compensation may be modified as to the future, un- 
less a contract has been made with the trustee.— Baldwin, Atty.-Gen. 

45. School board independent. The board of town trustees can not 
remove a school trustee from office. There is no law for it. The town 
trustees have no control over the action of the school board, which has com- 
plete control over all the school concerns of the town. County commission- 
ers have no power to allow a town treasurer compensation out of the school 
revenue of the town. — Baldwin, Atty.-Gen. 

46. Casting vote — Resolution. The common council of a city may 
elect a school trustee by resolution, and in case of a tie vote on such reso- 
lution the mayor may decide by giving the casting vote. — Woollen, Atty.- 
Gen. 

47. Failure to give bond. The office of school trustee is not vacated by 
the failure to give bond as president, secretary or treasurer of the board. 
— Michener, Atty.-Gen. 



SCHOOL LAW OF INDIAT^A. 115 

48. Extending teem. The provision of the constitution (R. S. 1881, 
§225) extending the regular terms of officers until their successors "shall 
have been elected and qualified," applies to school trustees ; and such trus- 
tees continue in office until their successors have not only been elected but 
have taken their oath of office and have filed their official bonds. — Michener, 
Atty.-Gen. School Town of Milford v. Powner, 126 Ind. 528. 

49. Allowance by board. The board must pass upon all claims, and 
the treasurer must obey the voice of the majority, and he cannot pay out 
funds without the claims first being "allowed" by the board. 

50. BoAED ACTS AS A UNIT. The board must act as a body, not as in- 
dividuals, the majority ruling ; and their action should be recorded. 

51. Trustees conteacting with themselves. School trustees cannot 
enter into a contract with themselves. — 29 Mich. 19. 

52. Town changed to city — Trustees. When a town becomes incor- 
porated as, or is changed to, a city, the school town trustees remain in office 
(without re-election) and become school city trustees; they are in no wise 
affected by the change so far as the terms of their offices are concerned, and 
their terms expire and their successors are elected at the times they would 
have expired and been elected, if no change had been made from a town to 
a city.— State v. Ogan, 159 Ind. 119 ; same case, 63 N. E. Rep. 227. 

53. Teeasueee's bond — Covees school house eunds. If the trustees 
of a school board fail to give the bond required by section 184, the treasurer 
and his sureties will be liable on the bond given under this section for the 
amount of the school house funds that come into his hands, regardless of 
the neglect of the trustees to give the bond required to secure them. — Hogue 
V. State, 29 Ind. App. 621. 

54. When elect. A town board of trustees may meet and elect a 
school trustee at its first regular meeting in .June, or at any time thereafter. 

[1899, p. 373. Approved March 3, 1899. In force April 28, 1899.] 

126. Town abandoning control of schools. 1. Any in- 
corporated town in the state that has no school indebted- 
ness, the inhabitants of which does not exceed fifteen hun- 
dred, as shown by the last preceding general census, may 
through its town board of trustees abandon and discontinue 
its management and control of public schools within such 
incorporated town, and abolish the board of school trustees 
therein, 

127. Conveyance to trustee. 2. The town board of 
trustees of any such incorporated town, upon deciding to 
abandon and discontinue the control of the public schools 
therein, shall make and cause to be made a good and suf- 
ficient deed, conveying all real estate belonging to such 

[8] 



116 SCHOOL LAW OF INDIANA. 

school town to the township trustee of the township in 
which such incorporated town is located; and shall trans- 
fer all the personal property and fixtures belonging to such 
school town to such township trustee, all of which shall be 
accepted and held by such township trustee for the use and 
purposes of the school township wherein such town is lo- 
cated. (R. S. 1901, § 5915c.) ■ 

128. Charge of town schools. 3. After the require- 
ments set forth in the preceding section are complied with, 
the township trustee shall have full and complete control 
of all the schools within such town, and shall conduct the 
same as provided for by law for the other schools of such 
township. 

[1865, p. 3. Approved and in force March 6, 1865.] 

129. Trustees' bonds — Vacancy. 6. The county audi- 
tor, in fixing the penalty and approving and accepting the 
bonds of such trustees, shall see to their sufficiency to se- 
cure the school revenues which may come into their hands, 
as well as the ordinary township or other revenue. In case 
of a vacancy in the office of trustee, the county auditor shall 
appoint a person to fill the same, who shall take an oath 
and give bonds as required in the last preceding section; 
and said auditor shall report to the superintendent of public 
instruction the name and postoffice address of each trustee. 
(R. S. 1881, § 4440; R. S. 1901, § 5916; R. S. 1897, § 6134.) 

1. Bond does istot cover borrowed money. There is here a clear im- 
plication that tlie only money which a trustee can ofhcially receive is that 
yielded by the school revenues. Money obtained by borrowing can not be 
said to be school revenue, and the penalty of the bond does not extend to 
such money. — AVallis v. Johnson Tp.., 75 Ind. 368. 

2. Title to school money. A trustee, like a county treasurer, is liable 
on his bond for all money that may come into his hands by virtue of his 
office, whatever may become of the money. — Rock v. Stinger, 36 Ind. 346. 

3. Use not conversion. The mere use, by the trustee, of school rev- 
enues of the township in his own business, it has been decided was not such 
a conversion of the money as constituted a breach of the conditions of his 
bond.- — Brown v. State, 78 Ind. 239 ; Bocard v. State, 79 Ind. 270 ; Goodwine 
V, State, 81 Ind. 109. Bui the more recent decisions are to the effect that 



SCHOOL LAW OF TIVDIANA. 117 

a trustee may not loan the I'uud coming into his hands as trustee, and if he 
do, and receives interesc, he must account for it. Nor can he use the funds 
in his own business. — Winchester Electric Light Co. v. Veal, 145 Ind. 506, 
515. 

4. When not kntitled to interest. I'itle to such revenues does not 
vest in a trustee until they are actually drawn by him out of the treasury, 
and he Is not entitled to interest on warrants issued against them. — Hadley 
V. State, 66 Ind. 271. 

5. Vacancies. A law passed in 1875. took away from the auditor the 
power of filling vacancies in the office of town or city school trustees ; and 
the board of county commissioners, if in session when the vacancy occurs, 
or before it is filled, fills a vacancy in the office of township trustee ; but if 
the vacancy occurs when thej' are not in session, the county auditor may 
fill it— R. S. 1881, §5996; R. S. 1901, §8071; Cooper v. State, 113 Ind. 70. 
Previous to 1899, when the board of county commissioners met in special 
session in August to receive the trustees' reports, they could not fill a va- 
cancy in the ofiice of township trustee. — Heim y. State, 145 Ind. 605. 

It is considered that a person appointed to fill a vancancy in an office 
holds such office until his successor is elected and qualified. The supreme 
court seems to have so regarded the question. — See Urmston v. State, 73 
Ind. 175. 

6. Resignation. When a citj^ school trustee resigns his office, to take 
effect at a future day, the city council may elect to fill the vacancy before 
the day fixed for the taking effect of the resignation. — Leech v. State, 78 
Ind. 570. 

7. Overpayments — Shortage — Set-off. In an action on the bond of a 
township trustee he is entitled to set-off against the shortage in one fund 
overpayments on account of another, so far as the shortage was occasioned 
thereby. — Finney v. State, 126 Ind. 577 ; State v. Julien, 93 Ind. 292 ; Had- 
ley V. State, 66 Ind. 271. 

8. Eligibility — Alien. A voter under the constitution of this state, 
though not a citizen of the United States, is eligible to the office of town- 
ship trustee. — McCarthy v. Foelke, 63 Ind. 507. 

9. Liability of surety. When a successor is elected and qualified, but 
does not take possession of the office, and the old trustee continues to act, 
his acts are void ; he is not an officer de facto or de jure, and his sureties are 
not bound. — Steinback v. State, 38 Ind. 483; Rany v. The Governor, 4 
Blackf. 2. 

10. Office LXJCRATI^'E. The office of township trustee is a lucrative of- 
fice within the meaning of the state constitution. — Foltz v. Kerlin, 105 
Ind. 221. 

11. Liability of ofiicer and surety. The statute creates a permanent 
and continuing liability and the sureties on his official bond, for a failure to 
perform any duty imposed by any law in force at the time the bond is exe- 
cuted, or which may be subsequently passed during the time for which 
such officer has been elected ; and it is not necessary that the bond should 
provide in express terms for such permanent and continuing liability. — 
Davis V. State, 44 Ind. 38. 



118 SCHOOL LAW OF INDIANA. 

12. Damages in suit upon bond of trustee. It is the imperative duty 
of a court rendering judgment against a township trustee, in a suit upon 
his otBcial bond, for a violation of a duty in reference to school revenues, 
to assess ten per cent, damages on the amount recovered. — Davis v. State, 
44 Ind. 38. 

13. Bond covers both civil and school township. A township em- 
braces two distinct corporations, to wit : The civil township and the school 
township, existing within the same territory and having the same trustee, 
who is bound by a single official bond.— Inglis v. State, 61 Ind. 212. 

14. Action by successor. An action on the relation of a township 
trustee, on the bond of a defaulting predecessor, may be instituted without 
the request or directien of the board of county commissioners. — Inglis v. 
State, 61 Ind. 212. 

15. Liable for unauthorized loan. Formerly a trustee was liable on 
his bond, by virtue of the act of March 5, 1883 (Acts 1883, p. 114), when he 
borrowed money without the consent of the board of county commissioners 
first obtained.— State v. Helms, 136 Ind. 122 ; Helms v. State, 19 Ind. App. 
360. See Killian v. State, 15 Ind. App. 261, and First National Bank v. 
Osborne, 18 Ind. App. 442 ; State v. Stout, 26 Ind. App. 446. 

[1883, p. 118. Approved and in force March 6, 1883.] 

130. Trustees manage revenues — Reports. 7. The 
school trustee of every township, incorporated town or city, 
shall receive the special school revenue belonging thereto, 
and the revenue for tuition which may be apportioned to 
his township, town or city, by the state, for tuition or [for] 
the common schools, and shall pay out the same for the pur- 
pose for which such revenues were collected and appro- 
priated. Such trustees shall keep accurate accounts of the 
receipts and expenditures of such revenues, and shall 
render to the county commissioners, annually, on the first 
Monday of August, for the school year ending on the 
thirty-first day of July, and as much oftener as they may 
require, a report thereof, in writing. Said board of com- 
missioners shall hold a session on said Monday to receive 
said reports. They shall clearly and separately state : 

First. The amount of special school revenue and of 
school revenue for tuition on hand at the commencement 
of the year then ending. 

Second, The amount of each kind of revenue received 
within the year, giving the amount of tuition revenue re- 
ceived at each semi-annual apportionment thereof. 



SCHOOL LAW OF INDIAlsTA. 



119 



Third. The amount of each kind of revenue paid out and 
expended within the year. 

Fourth. Tli-e amount of each kind of revenue on hand at 
the date of said report, to be carried to the new account. 

And shall, with said report, present and file a detailed ac- 
count current of the receipts and payments for the year, 
and support the same by proper vouchers ; which report and 
account current shall each be duly verified by affidavit ; and 
when the said county commissioners are satisfied that said 
report is full, accurate and right in all respects, and that 
said account is just and true, they shall allow and pass the 
same; wjiich shall have the effect to credit the trustee for 
the expeditures. A copy of said report, as passed and al- 
lowed by the county commissioners, shall, within ten days 
after its date, be filed by the trustee with the county super- 
intendent of the county, and upon failure of the trustee 
to discharge any of the duties required of him relative to 
schools and school revenues, the board of county commis- 
sioners shall cause suit to be instituted against him, on his 
official botad, and in case of recovery against him, the court 
rendering the judgment shall assess upon the amount 
thereof ten per cent, damages, to be included in said judg- 
ment. (R. S. 1881, § 4441; R. S. 1901, § 5917; R. S. 1897, 
§ 6135.) 

1. CoNVEKSioN. The application, by a trustee, of tuition reveue to spe- 
cial school, road, or civil township purposes is a conversion of so much of 
the fund and a breach of his bond. — Robinson v. State, 60 Ind. 26; Brown 
V. State, 78 Ind. 239 ; Board v. State, 79 Ind. 270. The suit may be brought 
on the relation of his successor. — Steinmetz v. State, 47 Ind. 465 ; Robinson 
V. State, 60 Ind. 26. 

2. Liability of trustee. The trustee is absolutely liable for the loss 
of the funds by whatever casualty. Depositing in a solvent bank, by advice 
of state and county superintendent and county board, \f loss result, is no 
defense.— Inglis v. State. 61 Ind. 212 ; Board v. State, 79 Ind. 270; McClel- 
land V. State, 138 Ind. 321. 

3. School board independent. The school trustees of a city or town 
act independently of the city council or board of town trustees in receiving 
and expending the school revenues, and their action can not be controlled 
by the latter. — Johnson v. Smith, 64 Ind. 275. 

4. Mistake in settlement. When a township trustee fails to keep the 
aceounts required by this section, and by reason thereof, and by reason of 



120 SCHOOL LAW OF INDIANA. 

mislaying voucliers, he fails in his annual settlement with the county com- 
missioners to claim or receive credit for a certain sum properly paid Qut by 
him, he can not afterward recover for the amount so paid. — Butt v. Jen- 
nings Township, 81 Ind. 69. 

5. Writ or mandate. Mandamus lies by a school trustee to compel de- 
livery by his predecessor of the records, books and papers of the office, and 
to compel the payment of money which the trustee is required by law to 
apply to school purposes. — Frisbie v. Fogg, 78 Ind. 269 ; Goldsberry v. State, 
69 Ind. 430 ; Hiatt v. State, 110 Ind. 472 ; Brown v. State, 78 Ind. 239. 

6. Assessment of damages. In a suit on the bond of a school trustee 
the court, in rendering judgment upon the verdict, should add ten per cent, 
to the amount found by the jury. — Watson v. State, 80 Ind. 212 : Goldsberry 
V. State, 69 Ind. 430; Hiatt v. State, 110 Ind. 472; Brown v. State, 78 Ind. 
239. And the provision to that effect is imperative. — Brown v. State, 78 
Ind. 239. 

7. They can not borrow money. There is nothing in the'statute from 
first to last indicating that a township trustee can rightfully obtain money 
from any other source than the school revenues. There is a plain and un- 
mistakable purijose on the part of the legislature to confine the trustee to 
the funds expressly provided, and not permit him to go out into the busi- 
ness world as a borrower. * * * The nioney is supplied to them, and they 
must take it as supplied, and not attempt to devise or create other sources 
of supply. — Wallis v. Johnson Township, 75 Ind. 308. 

8. Are liable for monj:y had and received. Where money is loaned 
to a township trustee for the use and benefit of the school township repre- 
sented by him, and the school township receives the benefit of the money, it 
is liable therefor ; and though the note of the trustee attempting to bind the 
township for the loan he held void, yet the liability of the township remains 
as for nioney had and received. — Bicknell v. Widner Township, 73 Ind. 
501 ; First 2s at. Bank v. Union Township, 75 Ind. 361 ; Bank v. Clinton Tp., 
24 Ind. App. 359. 

9. May execute notes for debts. A school township, by and in the 
name of its trustee, may execute a valid negotiable promissory note for any 
debt contracted for the benefit of its property ; but it is not governed by 
the law merchant, and an assignee takes it subject to all defenses. — Shef- 
field Tp. V. Andress, 56 Ind. 157. The board of school tiustees of an incor- 
porated town have power to execute a valid negotiable promissory note, by 
and in the name of such trustees, binding upon the school corporation for 
any debt contracted for the benefit of its property. — School Town of Monti- 
cello V. Kendall, ?2 Ind. 91. A note executed by a school trustee and given 
in payment for certain school maps was held to bind the school corporation. 
—Moral School Tp. v. Harrison, 74 Ind? 93. The same was true of a note 
given for dictionaries. — Jackson School Tp. v. Hadley, 59 Ind. 534. And 
for school furniture. — Johnson School Tp. v. Bank, 81 Ind. 515. But school 
trustees have no power to bind their corporations by notes given for money 
borrowed. — Wallis v. Johnson School Tp., 75 Ind. 368. 

Yet a township trustee may execute a note for school furniture that is 
prima facie valid and binding on the school township. — Miller v. White 



SCttOOL LAW OP INDIANA. 121 

River School Tp., 101 lud. 503. See also Litten v. Wright School Tp., 127 
Ind. SI. 

10. May anticipate certain revenues. The only portion of the school 
revenues which the school trustees may not expend in anticipation is the 
school revenue for tuition belonging to the state and by it apportioned. — 
Harney v. Wooden, SO Ind. ITS. But this is very far from deciding that 
money may be borrowed by the trustee.^Wallis v. Johnson School Tp., 75 
Ind. 368. 

11. When may issue bonds. A township trustee, in Case of a bequest 
or gift exceeding five thousand dollars, to an unincorporated town in his 
township, conditioned upon the raising of a like sum by the citizens of the 
township, may, upon petition of a majority of the legal voters thereof, issue 
and sell the bonds of the township to an amount not exceeding fifteen 
thousand dollars. — § 356. School bonds of cities and incorporated towns are 
issued by the common council or board of town trustee^, but in no case 
by the school board. — 153 Ind. 267. 

12. Result of the decisions. The conclusion, from a careful compari- 
son of the authorities, is that school trustees have no power to borrow 
money; but they may bind their corporations by promissory notes for the 
payment in future of valid pre-existing debts, or for the repayment of 
money advanced to liquidate such debts. The indebtedness of all corpora- 
tions is limited by the constitution (R. S. ISSl, §220; R. S. 1901, §220; R. 
S. 1897, §220) to two per cent, on the value of taxable property. 

13. Certificates of indebtedness. Certificates of indebtedness issued 
without any consideration are invalid, and can not be enforced against the 
township, even if the proper officers promise to pay them. — Axt v. Jackson 
School Tp., 90 Ind. 101. Such a certificate is void even in the hands of an 
innocent purchaser. — State v. Hawes, 112 Ind. 323 ; Boyd v. Mill Creek 
School Tp., 114 Ind. 210 ; Grimsley v. State, 116 Ind. 130. 

14. Suits, how brought. In an action against a school township for 
articles purchased by the township, it must be shown that they were suit- 
able or necessary, and that they were received or used by the township. — 
Reeve School Tp. v. Dodsou, 98 Ind. 497 ; Bloomington School Tp. v. Na- 
tional School Furnishing Co., 107 lud. 43; State v. Hawes, 112 Ind. 323. 
Delivery of- the goods to a railroad company to be transported to the town- 
ship is not such a delivery as will bind the township for goods purchased 
which are not suitable ; but if actually received by the township and used, 
the contract is valid. — Boyd v. Mill Creek Tp., 114 Ind. 210; Litten v. 
Wright School Tp., 127 Ind. 81. 

15. Misappropriation. A trustee of schools who has had no part in 
the misappropriation of funds of the corporation is not liable therefor. — 
State V. Julian, 93 Ind. 292. 

16. Sessions of board or county commissioners. The sessions of the 
board of county commissioners under this section are for the sole purpose 
of receiving from the school trustees reports, as herein provided for, and 
taking action thereon, and the board has no power to transact any other 
business.- — Fahlor v. Board of Commissioners, 101 Ind. 167 ; Heim v. State, 
145 Ind. 605. 



122 SCflOOL LAW OI' INDIATCA. 

17. Who may being action on bond. The incoming town or city 
treasurer js tlie proper person to bring suit against tlie outgoing treasurer, 
on tiis bond, for a failure to turn over the school funds to him ■; and he 
may do so without an order of the board of county commissioners. — Hiatt 
V. State, 110 Ind. 472 ; Strong v. State, 75 Ind. 440. And if he fails to bring 
such a suit he is liable on his bond, even though his predecessor be insolvent, 
if his sureties are financially responsible. — State v. Mock, 21 Ind. App. 629. 

18. OvEKPAYMENT. If a treasurer pays more than he is required to 
pay to his successor, he must bring an action to recover the amount of such 
overpayment within six years after the fact of payment; and if such over- 
payment was occasioned by his failure to keep proper vouchers and ac- 
counts, and he settled with the county cosnmissioners without making claim 
therefor, he can not recover the amount thereof. — Butt v. Jennings School 
Tp., 81 Ind. 69. 

19. Advancing money. A township trustee, who, in good faith, em- 
ploys necessary and proper teachers, and when it is unexpectedly found 
that the public funds provided are insufficient to pay them in full, advances 
the deficit out of his own money, has a demand against the school town- 
ship which he may recover. — Kiefer v. Troy School Tp., 102 Ind. 279 ; 
Murphy v. Oren, 121 Ind. 59. And so may a city or town treasurer who 
advances money under like circumstances. 

20. Mixing funds. The several school funds should be kept separate ; 
but if payment is made out of the wrong fund, the fund from which it 
should have been made can be drawn upon to make up the deficiency in 
the overdrawn fund ; and in a suit against the trustee, he should have credit 
in this way. — State v. Finney, 125. Ind. 427; Murphy v. Oren, 121 Ind. 59; 
Finney v. State, 126 Ind. 577. 

21. Officer de facto liable can not deny liability. It is no defense 
to an action by a school corporation to recover its moneys of one who had 
intruded unlawfully into the office of treasurer of the corporation, that an- 
other is holding that otflce. — Lucas v. State, 86 Ind. 180. 

22. Ownership of fund. The officer holding the school funds for the 
time being is the owner thereof, but is not entitled to any interest that he 
may receive by a loan of the funds. — Winchester Electric Light Co. v. Veal, 
145 Ind. 506, practically overrules Brown v. State, 78 Ind. 239; Bocard v. 
State, 79 Ind. 270; Rock v. Stinger, 36 Ind. 346; Shelton v. State, 53 Ind. 
331 ; and if he receives the interest accruing on warrants issued by the 
county auditor o'n the county treasurer, he is liable for the amount of such 
interest thus received. — Hadley v. State, 66 Ind. 271. 

23. Refunding to trustee. An act of the legislatare refunding to a 
school trustee, out of the funds of his school corporation, moneys lost with- 
out his fault is valid.— Mount v. State, 90 Ind. 29. 

24. Right of new town to part of school revenue. When new town 
is organized within township after school revenue is received, the town is 
entitled to its share; tlie trustee may be compelled by mandate to pay it 
o^e^ to the town school trustees, who are the proper relators in such suit. 
—Hon v. State, 89 Ind.. 249. 

25. Depositing in bank. School trustees may lawfully deposit the 



SCHOOL LAW OF TTiTDTAISrA. 123 

funds of their township in a bank, but may not loan them to such banli. — 
Winchester Electric Light Co. v. Veal, 145 Ind. 506; Meridian National 
Bank v. Hauser, 145 Ind. 496. 

26. Township advisory boakd law. All the decisions cited above con- 
cerning the creation of township debts were rendered before the enactment 
of the advisory board law. Contracts now to be valid must be made in 
accordance with its provisions. See section 464. — Peck-Williamson, etc., 
Co. V. Steen School Tp.. 30 Ind. App. 637 ; 66 N. E. Rep. 909 ; and see Moss 
V. Sugar Ridge Tp., 67 N. E. Rep. 460. 

27. Repoet not CONCLUSIVE. The report of the trustee is not final nor 
conclusive, and its truthfulness may be inquired into. — State v. Board, 136 
Ind. 207. 

28. Officer de facto. Where trustees have been duly elected, commis- 
sioned and qualified, giving the bonds required by law. such bonds will be 
binding, and although the trustees may be disqualified from holding the 
office, if the question were properly presented, yet funds coming into their 
hands while acting will be secured by their bonds. — Woollen, Atty.-Gen. 

[1865, p. 3. Approved and in force March 6, 1865] 

131. Record — Duty as to- revenue. 8. The trustees shall 
keep a record of their proceedings relative to the schools, 
includijig all" orders and allowances on account thereof; in- 
cluding, also, accounts of all receipts and expenditures of 
school revenue, distinguishing between the special school 
revenue belonging to their township, town or city, and the 
school revenue for tuition, which belongs to the state, and 
by it apportioned to their township, town or city; which 
said revenue for tuition they shall not permit to be ex- 
pended for any other purpose, nor even for that purpose 
in advance of its apportionment to their respective corpora- 
tions. (E. S. 1881, § 4442; R. S. 1901, § 5918; E. S. 1897, 
§ 6136.) 

1. Liability. A trustee of schools who has had no part in the misap- 
plication of tuition revenue is not liabJfe therefor. — State v. Julian, 93 Ind. 
292. 

2. Inspection of books. School trustee's records, either of a city, town 
or township, are public records, always open for public inspection, and any 
one interested therein has a right to examine them. — Anderson School 
Township v. Thompson, 92 Ind. 556. 

3. Effect of report. The trustee's statement of the amount of money 
he has received from his predecessor is conclusive on him, in a suit on his 
bond, but not on his sureties. — State v. Mock, 21 Ind. App. 629. See State 
V. Board, 136 Ind. 207. 



124 SCHOOL LAW OF USTDIANA. 

132. Annual statemient. 9. The townshsip trustees and 
the school trustees of incorporated towns and cities shall, 
immediately after their annual settlements with, the county 
commissioners, in August, make a full statement of all their 
receipts and expenditures, for the year preceding, relative 
to their schools. (R. S. 1881, § 4443; E. S. 1901, § 5919; R. 
S. 1897, § 6137.) 

[1901, p. 514. Approved March 11, 1901. In force May, 1901.] 

133. General duties. 1. The school trustees shall take 
charge of the educational affairs of their respective town- 
ships, towns and cities. They shall employ teachers, estab- 
lish and locate conveniently a sufficient number of schools 
for the education of the children therein, and build, or 
otherwise provide suitable houses, furniture, apparatus and 
other articles and educational appliances necessary for the 
thorough organization and efficient management of said 
schools. Such school trustees may also establish and main- 
tain in their respective corporations, as near the center of 
the township as seems wise, at least one separate graded 
high school, to which shall be admitted all pupils who are 
sufficiently advanced: Provided, That the school trustees 
of two or more school corporations may establish and main- 
tain joint graded high school [s] in lieu of separate graded 
high schools, and when so done they jointly shall have the 
care, management and maintenance thereof: Provided fur- 
ther. That any trustee, instead of building a separate grad- 
ed high school for his township shall transfer the pupils of 
his township competent to enter a graded high school to 
another school corporation: Provided further. That all 
payments of tuition, provided for under this act, heretofore 
made by school trustees for such high school privileges, are 
hereby legalized: Provided further, That no such graded 
high school shall be so built unless there are at the time 
such house is built at least twenty-five common school 
graduates of school age residing in the township. 

1. Power of teustee. The township trustee is clothed with almost 
autocratic power in all school matters. The voters and taxpayers of the 



SCHOOL LAW OF INDIANA. 



125 



township have but little, if indeed any, voice or part in the control of the 
details of educational alfairs. So far as actual authority is concerned, the 
trustee is the corporation, although in contemplation of law it is otherwise. 
— Wallace v. Johnson Tp., 15 Ind. 308 ; Bicknell v. Widner School Tp., 73 
Ind. .501. 

2. Patrons gain not designate teacheks. There ie no provision of the 
law authorizing any other person than the trustee to select a teacher. It 
is therefore held that the provision authorizing the trustee to employ teach- 
ers, also authorizes him to select them, and that school meetings are not 
empowered by the law to designate or employ teachers. — Rumble v. Parker, 
27 Ind. App. 09. 

3. County can not build school house, A board of county commis- 
sioners has no authority to make an appropriation of any sum out of the 
general fund of their county for the erection of a school building. — Roth- 
rock V. Carr, 55 Ind. 334. 

4. Abandoned coepokation. In case a town abandons its corporation, 
the powers and duties of the Ixuird of school trustees cease, the township 
trustee succeeds thereto, and it becomes his duty to take charge of the 
schools without special notice. 

5. Trustee can not employ himsei.v. A township trustee, being the 
agent of the state to ejnploy teachers for tlie public schools, is not author- 
ized to employ himself. 

6. Contracts with teachers. A teacher contracts with the school 
tow"nship through its trustee, and although the trustee squanders the town- 
ship funds and his bond is worthless, yet the township is liable to pay the 
teacher as specified in tlie contract. — Harrison School Tp. v. McGregor, 9(5 
Ind. 185 ; Harmony School Tp. v. Moore, 80 Ind. 276. Verbal contract held 
valid. Jackson School Tp. v. Shera, 8 Ind. App. 330 ; Fairplay School Tp. 
V. O'Neal, 127 Ind. 95; School Town of Rochester v. Shaw, 100 Ind. 268. 
Nor can the school trustee, without cause, revoke a contract of employment 
before the commencement of the term of service specified in the contract, 
eyen under a provision in the contract to the effect that the employment is 
subject to the right of the trustee to remove the teacher at any time upon 
a week's notice or any other length of time. — School City of Lafayette v. 
Bloom, 17 Ind. App. 461. 

7. When contracts may be made. See sec. 3421/4 for time of making 
contracts for a township teacher. 

But a contract made by the board of school trustees of an incorporated 
town or city with a school superiiitendent, prior to the annual election of a 
new member of the boai'd and the reorganization required by statute, for 
services to be performed after the election of such member, is valid and 
binding on the school corporation. — Reubelt v. Scliool Town of Noblesville, 
106 Ind. 478. 

8. Resignation of teacher. The relation existing between trustee 
and teacher is based on a contract. A teacher can not resign and escape 
liability without the consent of the trustee. To abandon his school with- 
out such consent is a violation of his contract, and gives the trustee a 
claim against him for any d:images actually sustained by the school in con- 
sequence thereof. 



126 SCHOOL LAW OF INDIANA. 

9. Location op houses — Titij:. The title to property on which a 
school house is to be biailt must be in the school corporation ; and by proper 
proceedings land may be condemned for school purposes. 

Trustees must not build outside their own jurisdiction, since the fran- 
chise of a school corporation can not extend beyond its own territory 
so as to attach to land or school buildings outside the corporate limits. — 
Mt. Carmel v. Shields, 6G Ind. 521. 

10. Providing houses, furniture, etc. The school authorities are not 
bound to furnish educational facilities beyond those which the funds, de- 
voted by law to that purpose, will yield. It is not for them to burden the 
school township with debt by borrowing money. Their duty is fully per- 
formed and their power completely exhausted when they have properly 
expended all money derived from the school revenue. — Wallis v. Johnson 
School Tp., 75 Ind. 308. But where money had been loaned to a township 
trustee for the purpose of completing a needed and suitable school house, 
the school township receiving the benefit of the loan was held to be liable 
therefor.— Bicknell v. Widner School Tp., 73 Ind. 501. 

11. Furniture. The trustees were formerly under the law judges 
whether furniture was needed ; and contracts therefor, and in consideration 
of the purchase of maps and dictionaries, bound the corporation. — Moral 
School Tj). V. Harrison, 74 Ind. !)3 ; Johnson School Tp. v. Bank, 81 Ind. 
515 ; Jackson School p. v. Iladley, 5!) Ind. 534 ; Clark School Tp. v. Gros- 
sius, 20 Ind. App. 322; Miller v. ^Yhite River School Tp., 101 Ind. 510; but 
now such i)urchases for a township must first be directed by the township 
advisory board. — 0(5 X. E. Rep. 900. 

12. Contracts of trustees. Contracts for the benefit of school corpo- 
rations, whether to build houses, employ teachers or purchase supplies or 
apparatus, should be made by the trustee in the name of the school, not the 
civil, corporation.- — Hornby v. State, 09 lud. 102 ; Harrison Tp. v. Mc- 
Gregor, 07 Ind. 380. 

A school town is bound, as such, for the contract price of material fur- 
nished and labor performed by another, in the erection of a school building 
fq,r such town, under a parol contract therefor, made with him by the 
school trustees of such town (School Town Princeton v. Gebhart, 01 Ind. 
187), but a mechanic's lien can not be taken upon the building for mate- 
rials furnished therefor and labor performed thereupon. — Fatout v. Board 
of School Com., 102 Ind. 223. 

A suit to set aside a contract for the building of a school house and to 
enjoin the doing of the w'ork, on the ground of fraud on the part of the 
township trustee, in the making of the contract, is properly brought in the 
name of the state, for the use of the civil township. — State v. Earhart, 
27 Ind. 119. 

A contract by a school trustee foF the improvement of school propeFj;y, 
by the terms of which he is to share in the profits is void, both at common 
law, and under the statute.- — Wingate v. Harrison School Tp., 59 Ind. 520. 

The penalty for such corrupt interest in contracts is a fine of from 
three hundred to one thousand dollars, and imprisonment for from two to 
fourteen years.— R. S. 1881, §2049 ; R. S. 1901, §2130 ; R. S. 1897, §2102. 



SCHOOL LAW OF INDIANA. 



127 



10. Graded schools. Ihis section gives tlie trustees ample power to 
organize, at their discretion, such a system of free schools as the peculiar 
circumstances of their townships may require. The schools may be all of 
the same grade, or of two or three more grades. They may classify the 
children of the township according to acquirements. They may authorize 
the teaching of any branches of science, literature and art which public 
interest and public opinion may require. 

A graded school is a school in which the pupils are placed in different 
rooms and under different teachers, according to advancement. Conse- 
quently, the greater the number of rooms and teachers for any given 
school the more favorable the means for perfect grading. From this it 
will be seen that a graded school as contemplated in the above section can 
not exist wuth less than two teachers. With one the school may be classi- 
fied but not graded. Trustees will therefore have regard to this element 
when they put up buildings designed for graded school. 2d. As to the time 
when a graded school should be established for any given township, no 
definite directions can be given. There are too many local elements to ad- 
mit of any special directions. It is, however, safe to say that whenever 
there are pupils in the township whose advancement is such that the dis- 
trict schools can not furnish them instruction, at that moment begins the 
need of a township graded school furnishing instruction of a higher grade. 
The trustee must, however, be satisfied that the number of such pupils is 
sufficient to justify the establishment of such a school before providing 
the same. 3d. As to place, that whenever practicable the township graded 
school should be established in connection with a district school, thus 
economizing in building, perhaps in teaching, also furnishing the means of 
a more thorough grading in at least one primary school in the township. 
A village, if centrally located, is usually a favorable place for the township 
school. 

The separation of pupils into different schools or departments, accord- 
ing to age and acquirements, is not an abridgement of their rights. — Corey 
V. Carter, 48 Ind. 360 ; State v. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 
303. 

11. Custody of school property. The trustee of each school district 
has charge and possession of the school house, for, although the director 
has the charge for certain purposes, he acts under the order and with the 
concurrence of the trustee. — llurd v. Walters, 48 Ind. 148. 

15 O'tDERS WITHOUT CONSIDERATION VOID. Where the trustee of a 
school township has issued an order or certificate of indebtedness, in the 
name of his township, without any consideration therefor, such order or 
certificate is invalid and void, and can not be enforced against the town- 
ship; nor in such cases will the acts, conduct or promises of the trustee, 
or his successors in office, estop the township from pleading the want of 
consideration as a sufficient defense to any suit against it upon such order 
or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 

IC). Rules and REGULATioNit. School boards and other educational au- 
thorities have power to adopt appropriate rules and regulations for the gov- 
ernment of the schools under their control. It is not necessary that all 



128 SCHOOL LAW OF INDIANA. 

such rules shall be made a matter of record, nor that every act, order or 
direction affecting their management shall be authorized or confirmed by 
a formal vote ; but any reasonable rule adopted by a superintendent or 
teacher not inconsistent with some statute or some other rule prescribed 
by higher authority, is binding upon the pupils. A rule requiring the su- 
perintendent of a city school to visit weekly all the schools under his 
charge, and to see that the best methods of instruction are adopted, con- 
fers upon him authority, if it were otherwise wanting, to order and pro- 
mulgate such additional reasonable rules as the best interests of the schools 
may require. In the enforcement of all rules for the government of a 
school due regard must be had to the health, comfort, age, mental and 
physical condition of the pupils ; and to the circumstance attending such 
particular emergency, and the condition of the weather, the infirmity of a 
pupil, and the like, may require relaxation in their strict enforcement. A 
school regulation must not only be reasonable within itself, but its enforce- 
ment must also be reasonable under all the circumstances. The habit of 
locking the doors of a school room during the opening exercises is not an 
unreasonable enforcement, under ordinary circumstances, of a rule requir- 
ing pupils to remain in the hall during that, time ; but if the weather is 
unusually severe, and proper steps are not taken for the comfort of chil- 
dren thus excluded, such method of enforcement is unreasonable and im- 
proper. A rule requiring tardy pupils to remain either in the hall of the 
school building, which is provided with heat, or in the office of the prin- 
cipal, until the opening exercises, lasting from ten to fifteen minutes, are 
concluded, in order tliat such exercises may not be interrupted or dis- 
turbed, is in itself a reasonable regulation. Such detention as a penalty 
for some omission or misconduct is one of the recognized methods of en- 
forcing discipline and promoting the progress of pupils in the common 
schools, and although the cause for such detention be mistaken, it possesses 
none of the elements of false imprisonment, unless imposed from wanton, 
willful or malicious motives. A school officer is not personally liable for a 
mere mistake of judgment in the government of his school ; but to render 
him liable it must be shown that he acted in the manner complained of 
wantonly, willfully or maliciously. — Fertich v. Michener, 111 Ind. 472 ; 
State V. Beil, 1-57 Ind. 25. 

17. Contagious msease. Where a school town contracts with a 
teacher for a certain number of weeks of service, and, before the expira- 
tion of the term, closes the school upon order of the county board of health 
because of the prevalence of diphtheria, it is liable for the teacher's salary 
for the time the school is closed, the non-performance of the contract not 
being due to an act of God. — School Town of Carthage v. Gray, 10 Ind. 
App. 428. 

IS. Closing school on accoitkt of EPJDEjvnos. If a teacher objects to 
closing school on account of epidemics he may be compelled to do so by 
order from the secretary of the board of health. — R. S. 1901, § 6719. 

19. Power as to rules and regulations. Under the statutes of this 
state, construed in connection with the incidental powers of corporations, 
the various school boards and other educational authorities, have power 



SCHOOL LAW OF USTDIAlSrA. ' 129 

to adopt appropriate rules and regulations for the government of the 
schools under their control. — Fertich v. Michener, 111 Ind. 472. 

2(1. RtXES MUST BE REASONABLE U>^DER THE CIRCUMSTANCES. A SChOOl 

regulation must not only be reasonable in itself, but its enforcement must 
also be reasonable under all the circumstances. — Fertich v. Michener, 111 
Ind. 472. 

21. Mandamus thf propei! acjion to roMi'Ei. the performance of a 
MINISTERIAL DUTY. Mandamus is the proper action to compel any officer 
to perform a ministerial duty, but mandamus will not lie to compel the 
performance of a discretionary duty. — State v. Schmetzer, 156 Ind. 528. 

22. Bribery of public officer. To offer a receipt for more than the 
cost of any kind of apparatus to induce an officer to purchase is bribery. — 
State Y. McDonald, 106 Ind. 233. 

23. Courts will not review discretionary acts if not abused. It is 
a general rule that courts will not I'evise the exercise of discretionary au- 
thority by a public officer, for as long as he acts in good faith and within 
the general scope of his authority, he is not subject to judicial control. — 
Tufts V. State, 1 19 Ind. 232 ; Weaver v. Templin, 113 Ind. 298 ; Leeds v. 
City of Richmond, 102 Ind. 372 ; City of Kokomo v. Mahan, 100 Ind. 242 ; 
Mayor, etc., v. Roberts, 34 Ind.* 4 71. 

24. Student.s MUST SUBMIT TO NECESSARY RiTLEs. A studcnt is re- 
quired to suTjmit to any proper rule necessary for the good government of 
the school.— State v. White, 82 Ind. 278. 

25. Conspiracy to defraud invalidates township orders, and actual 
VALUE OF goods CAN NOT BE OBTAINED. The Certificate upon which the ac- 
tion Avas predicated originated in an unlawful and corrupt conspiracy to 
defraud a public corporation. An agreement or conspiracy between two 
persons which has for its object the perpetration of a fraud or civil injury 
upon another, is illegal ; and any agreement to carry out or consummate 
a scheme which involves a breach of trust, or official duty, is unlawful and 
void. And the actual value of the goods furnished the township can not 
be recovered. — Kittenger v. Monroe School Tp., 3 Ind. App. 411 ; Boyd v. 
Mill Creek School Tp., 124 Ind. !93. 

26. Delivery and acceptance of sitplies. -The delivery of the goods 
to a railroad company by the vender is not such a delivery as is required 
to make the school township liable upon a contract which its trustee had 
no authority to make. In such a case liability is based upon the actual 
acceptance and appropriation of the goods. — Boyd v. Mill Creek School Tp., 
114 Ind. 210. But this case has been modified by Boyd v. Mill Creek 
School Tp., 124 Ind. 103, and Kittenger v. Monroe School Tp., 3 Ind. App. 
411, «here fraud appears. See also 127 Ind. 81. 

27. Mechanic's lien agaIj»st public policy. A mechanic's lien for 
work done, or materials furnished, in the erection of a public school house, 
can not be acquired or enforced. It is against public policy. — Fatout v. 
Board, 102 Ind. 223. But a boiid exer-uted by a contractor to a township 
trustee in the construction of a school house, conditioned that the contractor 
should pay for all material used in the construction of the building, inures 
to the benefit of one furnishing the material for the construction of the 



130 SCHOOL LAW OF INDIANA. 

building, and lie may maintain an action on it. — King v. Downey, 24 Ind. 
App. 262. 

28. Township mfst own or lkase schooi, premises. A school trus- 
tee has no lawful authority to provide furniture for a room for school pur- 
poses, or employ teachers for services therein, unless such room is owned 
or leased by the school township ; and even if the county superintendent, on 
appeal, direct him to do so, lie may properly disobey the order, and man- 
date will not He to compel him to obey it. — State v. Sherman, 90 Ind. 123. 

29. Discretion of trustees. Previous to 1899 the trustees were sole 
judges of the right to purchase property for .ioint schools. — Craig School 
Tp. v. Scott, 124 Ind. 72. 

30. A^icciNATiON. Under R. S. 1901, § 6711, the state board of health 
may adopt rules and regulations to prevent the spread of contagious and 
infectious diseases; and under R. S. 1901, § 6718, it may require local 
boards of health to protect the public health and prevent the spread of con- 
tagious- disease; and such local board of health may require that school 
children shall be vaccinated as a sanitary condition imposed upon their 
privilege to attend the public schools during a period of threatened epi- 
demic; of smallpox. — Blue v. Beach, 155 Ind. 121. The school trustees of a 
city or town or of a township may be compelled by mandamus to enforce 
such a rule.— State v. Beil, 157 Ind. 25. 

31. Mandate to require a trustee to provide a school. A township 
trustee can not by mandate be compelled to locate a school at a particular 
place, nor to rebuild one at the place where the old one burned down. — 
State V. Schmetzer, 156 Ind. 528. 

.32, Pay of oraded school teachers. A township graded school is a 
common school, as it is open alike to all the childi'en of the township who 
are sufficiently qualified for admission. Therefore, township trustees have 
the right to pay principals and teachers of graded schools for all services 
which they render as teachers In such schools, from the school revenue for 
tuition apportioned by the state. 

33. Must control school premises. A school trustee has no author- 
ity to provide furniture for a room for school purposes, or to employ a 
teacher for ser-\ice therein, unless such room is owned or leased by the 
school township. — State v. Sherman, 90 Ind. 123. 

34. High school. A trustee may establish a high school of his own 
motion, if he has in the township twenty-five graduates of high school age. 
No petition is necessary for its establishment. 

35. High school graduates. Graduates for township high schools 
maintaining a course fewer than four years are entitled to transfers to 
other high schools until the four years' course is completed. 

134. Duration of school in any year. 2. Said school 
trustees shall maintain in each school corporation a term of 
school at least six months in duration, and shall authorize 
a local tuition levy sufficient to conduct a six months' term 
of school each year based on estimates and receipts from 



SCHOOL LAW OF INDIANA. 131 

all sources for the previous year, which may include that 
received from the state 's tuition revenue : Provided, Such 
levy shall not exceed the limit now provided by law. (R. S. 
1901, § 5920a.) 

1. NoTii;. Each sciiool in the township vShould be taught, as nearly as 
possible, an equal length of time. — Harmony Tp. v. Moore, 80 Ind. 276. 

2. Donations. Donations may be received by the school authorities 
to extend the term of scliool, and the schools continued accordingly. 

[1907, p. 385. Approved March 9, 1907. In force April 10, 1907.] 

135. Janitors — Care and management of school prop- 
erty. 3. Said school trustees shall have the care and man- 
agement of all property, real and personal, belonging to 
their respective corporations for common school purposes, 
except the congressional township school lands, which 
lands shall be under the care and management of the trus- 
tees of the civil township to which such lands belong. Said 
school trustees shall provide such janitor help as may be 
deemed necessary to properly care for the schools and 
premises under their control, and such janitors shall be 
paid from the special school funds of the township. 

[1873, p. 68. Approved and in force March 8, 1873.] 

136. Superintendent in cities and towns. 12. The school 
trustees of incorporated towns and cities shall have power 
to employ a superintendent for their schools (whose salary 
shall be paid from the special school revenue), and to pre- 
scribe his duties, and to direct in the discharge of the same. 
(E. S. 1881, § 4445; R. S. 1901, § 5924; R. S. 1897, § 6145.) 

1. Compensation. In case a person is employed to superintend part 
of the time and teach part of the time, he can be paid for the services he 
renders as superintendent out of the special revenue, and for the services 
he renders as teacher out of the tuition revenue. If paid anything from 
the latter, he must possess a valid license. 

2. Length of employment. A city or town superintendent may be 
employed for one or more years, but it is not advisable to employ him for 
more than three. 

3. Old boakd. An old board may employ a superintendent for a term 
to commence after the reorganir^^ation of such board by the incoming of a 
new trustee. 

[9] . 



132 SCHOOL LAW OF INDIANA. 

137. Joint graded schools. 13. The school trustees of 
two or more distinct municipal corporations for school pur- 
poses shall have power to establish joint graded schools, or 
such modifications of them as may be practicable, and pro- 
vide for admitting into the higher departments of their 
graded schools, from the primary schools of their corpora- 
tions, such pupils as are sufficiently advanced for such ad- 
mission. Said trustees shall have the care and manage- 
ment of such graded schools, and they shall select the 
teachers therefor. They shall have power to pur- 
chase suitable grounds for such graded schools, and erect 
suitable buildings thereon; and the title to all such prop- 
erty, acquired for such purposes, shall vest jointly in the 
corporations establishing the graded schools. (R. S. 1881, 
§ 4446; E. S. 1901, § 5925; E. S. 1897, § 6146.) 

1. Management and supervision. A joint graded school, as to its 
management and teacliers, is snbject to tlie same laws, rules and regu- 
lation^^ as township graded school [§ 187]. except that it is under the joint 
management of the school trustees of both corporations. But the teachers 
should attend the institutes of the countj' and township in which the school 
is sitaated, and should be under the supervision of the superintendent of 
that county. 

2. PuKCHASE OF PROPERTY. The two Corporations may purchase joint- 
ly real estate: and the trustees are the sole judges of the right to pur- 
chase property of this character. — Craig School Tp. v. Scott, 124 Ind. 72. 

3. Ma.vaueieent 01'- joint graded schools. The trustees act as indi- 
vidual trustees, and do not as a unit represent their respective corporations. 
A majority of the whole hoard of trustees, whether such majority come 
from one corporation entirely, or from the different corporations interested, 
have the power to transact any and all business, including the employment 
of teachers relating to such joint graded school. — Hanover School Tp. v. 
Gant, 125 Ind. 557. 

4. New statute. The above section must be construed in connection 
with section 143. 

5. Joint graded schools — Appeal. An incorporated town- and town- 
ship can unite and establish a joint graded school, and it will not be neces- 
sary for the town to extend its limits so as to enclose the site of the school 
house. The town and township .luthorities have no power to enter into' an 
agreement with an incorporated association for school purposes, that the 
three shall run and control one school, and that such association shall have 
equal control over the school with such town and township authorities. 
The control of the public school can not be fettered by any private per- 
son. Possibly an appeal will lie from the decision of two township trus- 



SCHOOL LAW OF INDIANA. 



133 



tees refusing to build a joint graded school house. In ease two township 
trustees of different counties are petitioned to build such a school house, 
the siiperintendent of tliat county to whom au ajipeal is first taken would 
have jurisdiction of the case to the exclusion of the superintendent of the 
other county. It is a new question, but this is my best judgment in the 
matter. — Baldwin, Atty.-Gen. 

6. Peopoktional coNTBiBUTioNS. While the section that provides for 
the establishment of jomt graded schools by two or more distinct corpora- 
tions in silent as to th<> proportion m which each shall contribute to the 
expense, yet I am of opinion that their contributions should be in propor- 
tion to the number of pupils they will each send to the new school. Such 
is the rule in the case of joint district schools, and I think the same rea- 
sons apply to joint schools of all kinds. 



[1907, p'. 323. Approved March 9^ 1907. In force April 10, 1907.] 

138. Common schools defined — High school coursies. 1. 
The public schools of the state shall be and are defined and 
distinguished as (a) elementary schools and (b) high 
schools. The elementary schools shall include the first 
eight (8) years of school work, and the course of study for 
such years [that] which is now prescribed or may here- 
after be prescribed by law. The commissioned high schools 
shall include not less than four (4) years' work following 
the eight years in the elementary schools. The high school 
course in non-commissioned high schools shall be uniform 
throughout the state and shall follow a course to be estab- 
lished and amended or altered from time to time as occasion 
may arise, by the state board of education. 

139. High school studies. 2. The following enumerated 
studies shall be taught in all commissioned high schools 
throughout the state, together with such additional studies 
as any local board of education may elect to have taught in 
its high school : Provided, That such additions shall be sub- 
ject to revision of the state board of education. Mathe- 
matics: Commercial arithmetic, algebra, geometry. His- 
tory: United States, ancient, medieval or modern. Geog- 
raphy: Commercial or physical. English: Composition, 
rhetoric. Literature: English, American. Language (for- 
eign) : Latin or German. Science: Biology, physics or 



134 SCHOOL LAW OF INDIANA. 

chemistry. Civil government: General, state. Drawing. 
Music. 

[1877, p. 125. Approved and in force March 6, 1877.] 

140. School house for several townships. 1. The trus- 
tees of two or more adjacent counties or townships may 
establish a new school district, and build a school house 
therein at the joint expense of their several townships, 
whenever, in their judgment, it shall appear necessary for 
the better accommodation of the people of their respective 
townships: Provided, That such necessity must be set 
forth in a petition of the persons making the request — such 
petition to be presented to each of said trustees. And said 
trustees shall, at the time agreed upon by them, not less 
than ten days nor more than thirty days from the time of 
receiving such petition, hold a joint meeting, for the pur-' 
pose of declaring whether such petition shall be granted, 
and take such further action as the case may require. (R. S. 
1881, § 4512; E. S. 1901, § 6001; R. S. 1897, § 6222.) 

1. RErEAL. The belief has prevailed that this and the next section 
had been either repealed or become obsolete; but the legislature in 1903, 
by the enactment of section 142, below, recognized it as being still in force. 

2. If one trustee purchase a school liouse site without the knowledge 
and consent of the others, the latter can not be compelled to contribute 
towards the construction of a school house upon such site. — Henricks v. 
State, 151 Ind. 454; Henricks v. State. 156 Ind. 185. 

141. Cost of erecting. 2. Each township shall bear part 
of the expense of establishing such joint district school as 
the number of chifdren of school age residing in each town- 
ship and attaching themselves to said new district at the 
time of the formation, bears to the whole number of chil- 
dren of school age who are attached to said district at its 
formation; and each township shall assume its share of the 
debt so incurred. But when said school shall be estab- 
lished, it shall be supported by the township in which it is 
established, in the manner already prescribed by law. (R. 
S. 1881, § 4513; R. S. 1901, § 6002; R. S. 1897, § 6223.) 

1. Title, joint. The deed for the property should be in the name of 
all the corporations interested, but after the building is completed and paid 
for the partnership ceases, and the school house passes under the control 
of the trustee of the township within whose limits the house is situated. 



SCHOOL LAW OF INDIANA. 135 

[1903, p. 431. Approved and in force March 10, 1903.] 

142. Advisory board — Emergency for action. 1. When- 
ever a majority of the school patrons of two or more ad- 
joining school districts, located in two or more adjacent 
townships, may heretofore have petitioned, or whenever 
they may hereafter petition, in substantial compliance with 
the provisions of section 1 of an act of the general assembly 
of the state of Indiana, in force March 6, 1877, being section 
6001, Bnrns' revised statutes 1901, to the trustees of said 
townships for the establishment of a new school district and 
the erection of a joint school house for a joint or joint grad- 
ed school, at the place named in said petition, for the accom- 
modation of the school children residing in said school dis- 
trict, and if said trustees shall have granted, or may here- 
after grant, the prayer of said petition, or if an appeal may 
have been taken, or may hereafter be taken, to the county 
superintendent, from the decision of said trustees, refusing 
to grant the prayer of said petition, under the provisions 
of section 6028, Burns ' revised statutes 1901, and if on such 
appeal said superintendent may have granted, or may here- 
after grant, the prayer of said petition, then, in either of 
such events, an emergency shall thereby exist for the 
procurement of a site and the erection of such school 
house, as contemplated by section 8085f, Bums' Ee- 
vised Statutes 1901, and if there is not sufficient money on 
hand for the purpose, the trustees and the advisory boards 
of said townships shall proceed to raise the money neces- 
sary "to meet such emergency, as provided by said section, 
and shall also procure the necessary site for the erection of 
said school house and erect and maintain the same as pro- 
vided by law. 

1. Note. See section 4G8 for section 8085f. 

[1901, p. 53. Approved February 28, 1901. In force May, 1901-1 

143. Joint school district — Petition. 1. The trustees of 
two or more adjacent school corporations may 'establish a 
new school district and build a school house therein at the 



136 SCHOOL LAW OF INDIANA. 

joint expense of their several corporations, whenever, in 
their judgment, it shall appear necessary for the better ac- 
commodation of the people of their respective corporations. 
Provided, That such necessity must be set forth in a peti- 
tion of the persons making the request, such petition to be 
presented to each of said trustees. And said trustees shall, 
at the tirhe agreed upon by them, not less than ten days nor 
more than thirty days from the time of receiving such peti- 
tion, hold a joint meeting for the purpose of declaring 
whether such petition shall be granted, and take further 
action as the case may require. (R. S. 1901, § 6002a.) 

1. ]N'0TE. An appeal lies to the county superintendent by the peti- 
tioners if the trustees do not grant the petition; but such superintendent 
can not direct one trustee, where the other disagrees with him, to make 
the selection of a site for the school house, nor to purchase a lot without 
his consent. — Hendricks v. State, 151 Ind. 45-1. See also Hendricks v. 
State, 156 Ind. 185. 

144. Expense of establishing — Control of school. 2. 
Each corporation shall bear such part of the expense of 
establishing such joint district school as the number of 
children of school age residing in each corporation and at- 
taching themselves to said new district at the time of the 
formation, bears to the whole number of children of school 
age who are attached to said district at its formation and 
each corporation shall assume its share of the debt so in- 
curred. But when said school shall be established it shall 
be controlled by the corporation in which it is established 
in the manner already prescribed by law. 

145. Expense of maintenance. 3. The children of school 
age resident in a joint district already established or here- 
after established shall be admitted to the joint school main- 
tained therein, without transfer certificates or tuition 
charge. The trustees of the various corporations from 
which the joint district is made shall pay such part of the 
cost of maintaining the joint school as the number of pupils 
enrolled from each corporation bears to the whole number 
enrolled in the joint school. 



SCHOOL LAW OF INDIANA. 



137 



[1901, p. 437. Approved and in force March 11, 1901,] 

146. Abandonment of school district or corporation. 1. 

Whenever a majority of the legal voters of any school dis- 
trict or corporation shall petition the trustee or trustees of 
snch school district or corporation for the abandonment of 
their schools and the consolidation of their schools with 
the schools of some other school district or corporation in 
'the same township, it shall be the dnty of the trustee or 
trustees of such school district or corporation to comply 
with such petition, and to provide for the education of the 
children of such abandoned district or corporation in other 
schools as asked for in such petition. (E. S'. 1901, § 5920g.) 

]. Note. See section 147. 

[1901. p. 159. Approved and in force March 7, 1901.] 

147. Consent of voters to abandonment. 1. No town- 
ship trustee shall abandon any district school in his town- 
ship until he shall have first procured the written consent 
therefor signed by a majority of those legal voters who are 
entitled to vote for township trustee in such district : Pro- 
vided, This act shall not apply to schools which have an 
average daily attendance of twelve (12) pupils or fewer. 
It shall be the duty of every township trustee to re-estab- 
lish any district school so abandoned upon the written 
petition of two-thirds of the legal voters who are entitled to 
vote for township trustee in such district. (R. S. 1901, 
§ 5920f.) 

1. Petition. A petition to re-establisti a school must be addressed 
to the township trustee. 

2. Average daily attendance. Tlie attendance for an entire school 
year inust be taken Into account before a school can be abandoned. There 
must be an attendance of twelve or fewer for a term to abandon a school 
without a petition. 

8. ilE-ESTABLisHEU. A trustee who has abandoned a school because 
the attendance was twelve or fewer can not be compelled to re-establish 
it, even if petitioned to do so. 

The clause of the statute making it the duty of the trustee "to re-estab- 
lish any district school so abandoned," applies only to those schools which 
have been abandoned upon petition. 



138 SCHOOL LAW OF INDIANA. 

4. Teaksfebred pupils not to be counted. In determining the daily 
average attendance, pupils attending who have been transferred to the 
school are not to be counted. 

5. Patbon whose children have been transferred — Votes. A pa- 
tron whose children have been transferred can not sign a petition for the 
abandonment of a school. 

6. Voters of district. The voters of the school district are those who 
are attached to the district for school purposes, having children entitled 
to attend the public schoolt. 

7. Re-establishmetst — Duty of trusted. If a school has been legally 
abandoned, and there are more than twelve pupils in the district to be ac- 
commodated (not counting transfers either to oi" fro^n the district), and the 
trustee is properly petitioned by the necessary number of voters of the 
district to re-establish it, it becomes liis duty to comply with the request 
of the petition. 

[1907, p. 444. Approved March 11, 1907. In force April 10, 1907.] 

148. Discontinuance and abandonment of small schools. 
1. The township trustees shall discontinue and abandon all 
schools under their charge at which the average daily at- 
tendance during the last preceding school year has been 
twelve (12) pupils or fewer; and said trustees may discon- 
tinue and abandon all schools at which the average daily 
attendance during the last preceding school year has been 
fifteen (15) pupils or fewer: Provided, The conditions as 
to roads, streams and bridges permit of such discontinu- 
ance. 

149. Transportation of pupils to other school. 2. It 

shall be the duty of the township trustees to provide for 
the education of such pupils as are affected by such or 
any former discontinuance in other schools, and they shall 
provide and maintain means of transportation for all such 
pupils as live at a greater distance than two miles, and 
for all pupils between the ages of six (6) and twelve (12) 
that live less than two miles and more than one mile from 
the schools to which they may be transferred as a result 
of such discontinuance. Such transportation shall be in 
comfortable and safe conveyances. The drivers of such 
conveyances shall furnish the teams therefor, and shall use 
every care for the safety of the children under their charge, 



SCHOOL LAW OF INDIANA. 



139 



and shall maintain discipline in such conveyances. Restric- 
tions as to the use of public highways shall not apply to 
such conveyances. The expenses necessitated by the carry- 
ing into effect the provisions of this act shall be paid from 
the special school fund. 

150. Repeal. 3. All laws and parts of laws in conflict 
herewith are hereby repealed. 

[1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 

151. Kindergartens. 1. In addition to other grades or 
departments now established in the common schools of the 
state, the board of trustees of any incorporated town or 
city are hereby empowered by law to establish, in connec- 
tion with the common schools of such incorporated town or 
city, a kindergarten or kindergartens for the instruction 
of children between the ages of four and six, to be paid 
for in the same manner as other grades and departments 
now established in the common schools of such incorpo- 
rated town or city : Provided, however. That no money ac- 
cruing to such incorporated town or city from the '^ school 
revenue for tuition fund" of the state shall be used to de- 
fray the tuition and other expenses of such kindergarten; 
but the same may be defrayed from the local tax for tuition 
and the special school revenue of said incorporated town or 
city. (R. S. 1901, § 5921; R. S.^897; § 6139.) 

1. Note. See section 152. 

[1901, p. 123. Approved and in force March 6, 1901.] 

152. Tax for kindergarten. 1. In any city having a 
population, according to the latest United States census, 
of over six thousand, the board of school commissioners or 
school trustees may, in fixing the annual levy of taxes for 
school purposes, include therein one cent on each one hun- 
dred dollars valuation, in addition to the tax now author- 
ized, for the purpose of providing a fund for the support of 
free kindergarten schools in said city. (R. S. 1901, 
§ 5921 a.) 

1. Note. See previous section. 



140 SCHOOL LAW OF INDIANA. 

153. How collected and disbursed. 2. The tax so levied 
shall be collected as the other taxes for school purposes 
in such city are collected and shall be disbursed by the 
county treasurer as other school funds raised by local taxa- 
tion are disbursed, and said free kindergarten fund shall 
be applied to the aid, maintenance and support of free kin- 
dergarten schools conducted by any association incorpo- 
rated for that purpose having the approval of and desig- 
nated by the superintendent of schools of said city, and 
said fund shall be from time to time paid over to said asso- 
ciation for such use upon the written order of said superin- 
tendent directed to said county treasurer : Provided, That 
in cities having a population of more than one hundred 
thousand, according to the last preceding United States 
census, such tax shall be levied and such association shall 
not receive such funds unless for more than two years 
next preceding it shall have maintained at least twelve 
such free kindergarten schools. (R. S. 1901, § 5921 b.) 

[1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 

154. Night schools. 1. In all cities having a popula- 
tion of three thousand, or more, acording to the census 
of 1880, the school trustees of such cities shall keep and 
maintain a night school, between the hours of seven and 
nine and a half o'clock f. m., during the regular school 
terms as a part of the systems of common schools whenever 
twenty or more inhabitants of such city, having children 
between the ages of fourteen and twenty-one years of age, 
or persons over the age of twenty-one years of age, and 
who, by reason of their circumstances, are compelled to be 
employed, or have their children employed during the 
school days to aid in the support of such families, who 
desire to and who shall attend such school, shall petition 
such school trustees so to do. (R. S. 1901, § 5922; R. S. 
1897, § 6140.) 

155. Age of pupils. 2. All persons between the ages of 
fourteen and thirty, who are actually engaged in business 



SCHOOL LAW OF INDIANA. 141 

or at labor during the day, shall be permitted to attend 
such school. (R. S. 1901, § 5923; R. S. 1897, § 6141.) 

[1903, p. 124. Approved and in force March 3, 1903.] 

156. Manual training or industrial schools. 1. In all 

the cities of the state of Indiana having a population of 
more than fifty thousand and less than one hundred thou- 
sand, as shown by the last preceding United States census, 
it shall be lawful for the boards of school trustees or other 
school authorities having charge and management of the 
common schools of said city, to establish in connection with 
and as a part of the system of the common schools 
therein, a system of industrial or manual training and 
education and of domestic science, wherein shall be 
taught the practical use of tools and mechanical imple- 
ments, the elementary principles of mechanical construc- 
tion and mechanical drawing, and the elementary princi- 
ples of domestic science. 

157. Teachers — Rules and regulations. 2. Such board 
of school trustees or other school authorities, upon estab- 
lishing such system of industrial or manual training and 
education and domestic science, shall employ competent in- 
struction in the various subjects to be taught, and establish 
such general rules and regulations for the admission of 
pupils and the conduct of the schools wherein the same 
shall be taught as in their judgment will produce the best 
results, and give instruction to the largest number of pupils 
practicable. They may provide for such instruction in 
separate rooms, or separate buildings, as in their judgment 
may be most advantageous. 

158. Tax to support. 3. Any such board of school 
trustees or other school authorities having decided to 
establish such system of industrial or manual training and 
education and domestic science shall have authority, in ad- 
dition to all other taxes now authorized to be levied, to 
levy a tax not exceeding ten cents on each hundred dollars 



142 SCHOOL LAW OF INDIANA. 

of property liable for taxation for school purposes to be 
levied and collected as other taxes for school purposes are 
levied and collected, for the purpose of purchasing grounds 
and erecting buildings, or for renting buildings wherein 
such instruction shall be given, the purchase of all neces- 
sary tools, implements and apparatus, and for the payment 
of instructors and other expenses incident to the mainte- 
nance thereof: Provided, That no portion of the taxes so 
levied and collected shall be applied to any other purpose. 

* [1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 

159. Surplus special school revenue. 1. It shall be the 
duty of the board of school trustees of any city or mcor- 
porated town in this state to pay over to the common coun- 
cil or board of trustees of such city or town any surplus 
special school revenue in the hands of such school trustees, 
not necessary to meet current expenses; such excess of the 
revenue aforesaid to be applied for the payment of the in- 
terest or principal, or both, of any indebtedness incurred 
under the provisions of the act of March 8, 1873, author- 
izing cities and incorporated towns to negotiate and sell 
bonds to procure means to erect and complete unfinished 
school buildings, and to purchase any ground and building 
for school purposes, and to pay debts contracted for the 
erection and purchase of buildings and grounds. (R. S. 
1881, § 4447; R. S. 1901, § 5926; R. S. 1897, § 6147.) 

1. Payment for school house. A city can not pay for a school 
house out of its general fund. Such payment must be paid out of a fund 
especially levied for that purpose. — Nill v. Jeukinson, 15 Ind. 425. 

[1877, p. 18. Approved and in force March 3, 1877.] 

160. Things legalized. 2. "Where the excess of special 
school revenue not necessary to meet the current demand 
upon such revenue shall have been, prior to the passage of 
this act, loaned, paid over, or applied, as provided in the 
preceding sectioji, such loan, payment or application of 
such moneys is hereby legalized and made valid, as fully 



SCHOOL LAW OF INDIANA. 



143 



and completely as if this act had been in full force and 
effect at the time snch transaction took place. (R. S. 1881, 
§ 4448; R. S. 1901, § 5927; E. S. 1897, § 6148.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

161. Teacher's reports. 20. To enable the trustees to 
make reports which are required of them by this act, the 
teacher of each school, whether in township, town or city, 
shall, at the expiration of the term of the school for which 
such teacher shall have been employed, furnish a complete 
report to the proper trustee, verified by affidavit, showing 
the length of the school term, in days; the number of 
teachers employed, male and female, and their daily com- 
pensation ; the number of pupils admitted during the term, 
distinguishing between males and females, and between the 
ages of six and twenty-one years ; the average attendance ; 
books used and branches taught, and the number of pupils 
engaged in the study of each branch. Until such report 
shall have been so filed, such trustee shall not pay more 
than seventy-five per centum of the wages of such teacher 
for his or her services. (R. S. 1881, § 4449; R. S. 1901, 
§ 5928; R. S. 1897, § 6149.) 

1. Teacher excused, when. If the school authorities fail to furnish 
a building in which to teach the school, or refuse to furnish a school to be 
taught, or wrongfully discharge the teacher, such teacher is excused from 
making a report.— Charlestown School Tp. v. Hay, 74 Iiid. 127. 

2. Suit. It is a part of a teachers contract that he will make a 
report, and until he does so he can not recover more than three-fourths of 
his wages unless the trustee has waived the report, and the burden is on 
the teacher to show either that he made the report or it was waived, if 
he desires to recover the full amount of his earnings. — Owen School Tp. 
V. Hay, 107 Ind. o51. 

3. Truancy. Teachers are required b3' the compiilsory education law 
to report to truant officers or other school officers cases of truancy or irreg- 
ularity' in attendance. See truancy law. 

4. The report final. The law requires a teacher to make a report 
to the trustee at the end of the term for which said teacher shall have been 
employed. The contemplated report is a linal report. It may be at the end 
of two, three or four months, as the case may be, or at the end of the year. 
A report made in the middle of a term would not be a final report as con^ 



144 SCHOOL LAW OF INDIANA. 

templated by the lay/, unless the teacher at that time severed his connec- 
tion with the schools. 

5. Withholding v/agls. The provision oii this subject is designed to 
give the trustee a means ot securing (.he l:\nal report from the teacher. It 
will generally be sufficient for this purpose to withhold a part or al! of 
the wages of the last month only before the report becomes due. A.ny 
other practice would inl'.ict on teachers a hardship which I am persuaded 
was not intended by the legislature. 



[1883, p. 118. Approved and in force March 6, 1883.] 

162. Trustees' reports. 21. The trustees of each town- 
ship, town or city, shall, annually, on the first Monday of 
August, make their report for the school year ending on 
the 31st day of July, and furnish to the county superin- 
tendent the statistical information obtained from teachers 
of the schools of their respective townships, towns, or 
cities, and embody in a tabular form the following addi- 
tional items : The number of districts ; schools taught, 
and their grades; teachers, males and females; average 
compensation of each grade; balance of tuition revenue on 
hand at the commencement of the current year ; amount re- 
ceived during the year from the county treasurer, and 
amount expended within the year for tuition; and balance 
on hand ; length of school taught within the year, in days ; 
school houses erected during the year ; the cost of the same ; 
the number and kind before erection, and' the estimated 
value thereof, and of all other school property; number of 
volumes in the library, and the number taken out during 
the year ending the 31st day of July; also the number of 
volumes added thereto; assessment on each one hundred 
dollars of taxable property, and on each poll of special tax 
for school house erection, and amount of such levy ; balance 
of special school revenue on hand at the commencement of 
the current year ; amount received during the year from the 
county treasurer; the amount of said revenue expended 
during the year, and balance on hand ; the number of acres 
of unsold congressional school lands, the value thereof, and 
the income therefrom ; together with such other information 



SCHOOL LAW OF INDIANA. 145 

as may be called for by the county superintendent and the 
superintendent of public instruction. (R. S. 1881, § 4450; 
R. S. 1901, § 5929; R. S. 1897, § 6150.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

163. Failure to report. 22. On failure of any trustee to 
make either the statistical report required by the last pre- 
ceding section, or the report of the enumeration required 
by the sixteenth section of this act [§ 4473], or the report 
of finances required by the seventh section of this act 
[§ 4441], to the county superintendent, at the time, and in 
the manner specified for each of said reports, the county 
superintendent to whom such reports are due shall, within 
one week of the time the next semi-annual apportionment 
is to be made by the auditor of the county, notify said 
auditor, in writing, of any such failure; and the auditor 
shall diminish the apportionment of said township, town or 
city by the sum of twenty-five dollars, and withhold from 
the delinquent trustee the warrant for the money appor- 
tioned to his township, town or city, until such delinquent 
report is duly made and filed. For said twenty-five dollars, 
and any additional damages which the township, town or 
city may sustain, by reason of stopping said money, such 
trustee shall be liable on his bond, for which the county 
commissioners may sue. (R. S. 1881, § 4451; R. S. 1901, 
§5930; R. S. 1897, §6151.) 

164. Neglecting duties. 23. If a trustee shall fail to 
discharge any of the duties of his office relative to the 
schools, any person may maintain an action against him 
for every such offense, in the name of the state of Indiana, 
and may recover, for the use of the common school fund, 
any sum not exceeding ten dollars; which sum, when col- 
lected, shall be paid into the county treasury, and added 
by the county auditor to said fund, and reported accord- 
ingly. (R. S. 1881, § 4452; R. S. 1901, § 5931; R. S. 1897, 
§ 6152.) 



146 SCHOOL LAW OF INDIANA, 

165. Failing to serve. 24. Any person elected or ap- 
pointed such trustee, who shall fail to qualify and serve as 
such, shall pay the sum of five dollars, to be recovered as 
specified in the preceding section for the use therein named, 
and in like manner added to said fund, unless such person 
shall have previously served as such trustee. (R. S. 1881, 
§ 4453; R. S. 1901, § 5932; R. S. 1897, § 6153.) 

166. Trustee's accounts. 141. The books, papers and 
accounts of any trustee, relative to schools, shall at all 
times be subject to the inspection of the county superin- 
tendent, the county auditor, and the board of county com- 
missioners of the proper county. (R. S.*1881, § 4454; R. S. 
1901, § 5933; R. S. 1897, § 6154.) 

167. Examination of trustee and his books. 142. For 
the purpose of such inspection, such county superintendent, 
auditor, and board of county commissioners may, by sub- 
poena, summon before them any trustee, and require the 
production of such books, papers and accounts, three days' 
notice of the time to appear and produce them being given. 
(R. S. 1881, §4455; R. S. 1901, § 5934; R. S. 1897, § 6155.) 

168. Correction of accounts — Removal. 143. If any 
such books and accounts have been imperfectly kept, said 
board of commissioners may correct them, and, if fraud 
appear, shall remove the person guilty thereof. (R. S. 
1881, § 4456; R. S. 1901, § 5935; R. S. 1897, § 6156.) 



SCHOOL LAW OF INDIANA. 



147 



Sec. 
169. 
170. 
171. 
172. 
173. 
174. 



CHAPTER IX. 

TAXATION. 



State tax. 

Uniform tax. 

Special school tax used to pay teachers. 

Assessment and collection. 

Supplementary tuition fund. 

Local tax, how applied. 



Sec. 
175. 
176. 

177. 



Special tax to pay debts . 

Tax to complete town school house and 

to support town schools. 
Transfer money from bonds to special 

school revenue. 



[1907, p. 505. Approved and in force March 11, 1907.] 

169. State tax levy. 1. There shall be in the year 1907, 
and annually thereafter, assessed and collected as state 
and county revenues are collected, thirteen cents and six 
mills on each one hundred dollars worth of taxable property, 
real and personal in this state, and in addition thereto a 
poll tax of fifty (50c) cents upon each legal voter in the 
state, which money when collected shall be paid into the 
state treasury for a common school tuition fund, and shall 
be apportioned to the severar counties in the manner pro- 
vided in said act, section one of which is hereby amended. 

1. An act oi' ISTS (p. 216) legalized tax levies for tuition made by 
school trustees of cities prior to January 21, 1875. 

l1869, S. p. 41. Approved and in force May 13, 1869.] 

170. Uniform tax. 1. In assessing and collecting taxes 
for school purposes under existing laws, all property, real 
and personal, subject to taxation for state and county pur- 
poses, shall be taxed for the support of common schools, 
without regard to the race or color of the owner of the 
property. (R. S. 1881, § 4466; R. S. 1901, § 5952; R. S. 1897, 
§ 6168.) 

[1905, p. 491. Approved March 7, 1905.] 

171. Special school tax — Used to pay teachers. 12. The 
trustees of the several townships, towns and cities, shall 
have the power to levy a special tax, in their respective 



[10] 



148 SCHOOL LAW OF INDIANA. 

townships, towns or cities, for the construction, renting or 
repairing of school houses, providing furniture, school ap- 
paratus, and fuel therefor, and for the payment of other 
necessary expenses of the school, including tuition and 
teachers ' salaries, whenever in any current year the tuition 
funds shall have been exhausted; but no tax shall exceed 
the sum of fifty (50) cents on each one hundred dollars 
($100.00) worth of taxable property, and one dollar ($1.00) 
on each poll, in any one year, and the income from said 
tax shall be denominated the special school revenue. 

1. CoMMissioNEKS HAVE NO coNTEGL. By the above section tlie legis- 
lature amended the act of 1865, giving trustees the absolute right to levy 
a special tax by increasing the amount from twenty-five cents to fifty 
cents, and reaffirming the former law, otherwise in the very words of it. 
This clearly removes all authority of commissioners over the trustees in 
making their special school levies. — Cole v. State, 131 Ind. 591 ; Shepard 
son V. Gillette, 133 Ind. 125. 

2. Bajstk stock. Shares of bank stock in a national bank are liable 
to the specml tax authorized by this section. — Danieis v. Strader, 39 Ind. 
63; Root V. Erdelmeyer, 37 (nd. 225, affirming 1 Wilson 99. 

3. Who levies and collects. The township trustee makes the recom- 
mendation of a certain rate of taxation, but the township advisory board 
makes the ]evj\ Under the old law the township trustee might levy. — 
Heal V. Jefi:"erson Tp., 15 Ind. 431 ; Cole v. State. 131 Ind. 591 : Shepardson 
V. Gillette, ]33 Ind. 125: Adamson v. Auditor, 9 Ind. 174. 

4. Constitutional limit of debt. Where the indebtedness of a city 
or town has reached the constitutional limit of two per cent, it may con- 
tract for and erect school houses, the cost of which to be paid in such in- 
stallments as wil! fall within the annual income from the special school 
tax levy. For instajices where the constitutional limit is reached, see sec- 
tion 189. 

■ 5. BOAKD OF SCHOOL TKUSTEES OF CITY HAS POWER TO MAKE LEVY INDE- 
PENDENT OF COMMISSIONERS — DUTY OF AUDITOR TO MAKE AND EXTEND THE 

ASSESSMENT. A board of school trustees for the purpose of creating a 
special school revenue in accordance with the above section, levied a spe- 
cial school tax of forty cents on each one hundred dollars of taxable prop- 
erty in the city, and fifty cents on each poll. The special levy was duly 
certified to the auditor of the rounty with the request that he make the 
proper assessDient of the special school tax as levied by the board of trus- 
tees, and extend the same upon the tax duplicate; but the auditor, under 
the direction of the board of i:ommissioners, failed and refused to extend 
the assessment on the tax duplicate, and modified the levy made by the 
board of school trustees. It was decided that the section authorized a 
board of school trustees of a city to levy th*e tax independently of the 
board of commissioners, and when made it is the duty of the auditor to 



SCHOOL LAW OF INDIANA. 



149 



make the assessment and extend the same on the tax duplicate. — Wood v. 
School City of Tipton, "132 Ind. 206. 

6. General laws — Uniform system of schools. A system that se- 
cures to all the various subdiAisions of the state equal and uniform rights 
and privileges, leaving only to the local authorities the right, under the 
law, to govern the local school affairs, is a general and uniform system, and 
a law pi'oviding such a system is a general lav^- within the meaning of the 
constitution. — Robinson v. Schenck, 102 Ind. 307; Adamson v. Auditor, 9 
Ind. 174 ; Rose v. Bath Tp., 10 Ind. 18. 

[1865, p. 3. Approved and in force March 6, 1865.] 

172. Assessment and collection. 13. The county audi- 
tor shall, upon the property and polls liable to taxation for 
state and connty purposes, make the proper assessments 
of special school tax levied by the trustee, in the same man- 
ner as for state and county revenue, and shall set down the 
amount of said tax on his tax-list and duplicate thereof, as 
other taxes are set down, in appropriate columns; and he 
shall extend said assessment to the taxable property of the 
person transferred, which is situate in the township, town 
or city to which the transfer is made, and to the property 
and poll of the person transferred, situate in the township, 
town or city in which the person taxed resides, according 
to the rate and levy thereof in the township, town or city 
to which the transfer is made, and for its use ; and said tax 
shall be collected by the county treasurer as other taxes 
are collected, and shall be paid, when collected, to the 
treasurer for school purposes of the proper township, town 
or city, upon the warrant of the county auditor. To en- 
able county auditors correctly to assess said tax, the county 
superintendents of the several counties shall, at the time 
they make out and report to the auditor the basis of the 
apportionment of school revenue for tuition, as is required 
by section 4432 [§ 113], make out and report to said audi- 
tor a statement of transfers which have been made for 
school purposes according to sections 4472 [§ 178 and 
§ 179] and 4473. {R. S. 1881, § 4468; E. S. 1901, § 5954; 
R. S. 1897, § 6170.) 

1. Levy oi' taxes on peesoin transferred. Formerly it was the duty 
of the auditor to extend the school tax to all persons transferred to the 



150 



SCHOOL LAW OF INDIANA. 



township, town or city, and such tax was imposefl upon all the property 
of such person situated in the townsliip; town or city to which he was 
transferred, as well as to all his property situated in the township, town 
or city from which he was transferred. — Johns v. State, 130 Ind. 522; but 
now no tax is levied upon the property of persons transferred unless it is 
situated in the towuslilp to whicli the transfer is made. The township 
from which the transfer is made pays the tuition of the pupil transferred. 
2. When paid to trustee. Whenever the county auditor has made up 
liis statement of the amount due to each scliool corporation, he mo.y issue 
warrants to pay out the amounts due the several school corporations; and 
he need not wait until settlement is made with the state authorities. 



[Acts 1903, p. 409. Approved March 9, 1903. In force April 23, 1903.] 

173. Supplementary tuition fund. 1. The school trus 
tees of the several townships, towns and cities shall have 
power to levy annually a tax not exceeding fifty cents on 
each one hundred dollars of taxable property and twenty- 
five cents on each taxable poll, which tax shall be assessed 
and collected as the taxes of the state and county revenues 
are assessed and collected, and the revenues arising from 
such tax levy shall constitute a supplementary tuition fund, 
to extend the terms of school in said townships, towns and 
cities after the tuition fund apportioned to such townships, 
towns and cities from the state tuition revenues shall be ex- 
hausted : Provided, however. That should there be remain- 
ing in the tuition fund of any township, town or city levying 
such tax at the close of any school year any unexpended bal- 
ances of such supplementary tuition fund assessed and 
collected for use in such school year, or previous years, 
equal to or exceeding in amount one cent upon each one 
hundred dollars of taxable property in said township, town 
or city, then it shall be the duty of the county auditor to 
take notice of the same, and at the time when the trustee or 
trustees of such school corporation shall make the annual 
levy for such tax such trustee or trustees shall make, under 
oath, an estimate of the amount of supplementary tuition 
fund that will be required to meet the actual expenses of 
the schools for the next school year, and from such estimate 
said auditor shall deduct the unexpended balance of such 



SCHOOL LAW OF INDIANA. 151 

fund in such trustee or trustees ' hands on the first Monday 
of July, and the said trustee or trustees shall make a levy 
not larger than shall be sufficient to produce a supplemental 
revenue equal to the corporation as well as upon money 
capital paid in : Provided, That this act shall not apply to 
waterworks companies. 

1. Repeal. The above section repeals the old section; and a fifty- 
cent levy is now permissible. 

2. Advisoey board. The advisory board has the right to say how. the 
special school funds shall be apportioned, but it can not determine the 
policy of the schools. 

3. Who makes levy. The levy is made by the school trustees of 
cities and towns, and by the township advisory boards of townships. 

4. Constitutional. The tax authorized by this section is valid, the 
section being constitutional. — Robinson v. Scheucli, 102 Ind. 307; Shepard- 
son V. Gillette, 133 Ind, 125. 

[1895, p. 153. Approved and in force March 7, 1895.] 

174. Local tax, how applied. 2. The funds arising from 
such tax shall be under the charge and control of the same 
officers, secured by the same guarantees, subject to the 
same rules and regulations, and applied and expended in 
the same manner as funds arising from taxation for com- 
mon school purposes by the laws of this state : Provided, 
That the funds assessed and collected in any school town- 
ship, school town or school city shall be applied and expend- 
ed in the same school township, town or city in which such 
funds shall have been assessed and collected. (R. S. 1897, 
§6172;R. S. 1901, §5956.) 

1. Anticipating. This revenue is not forbidden to be anticipated, as 
i& the state's tuition revenue. — Harney v. AVooden, 80 Tnd. 178. 

[1871, p. 209. Approved and in force March 11, 1871.] 

175. Special tax to pay debts. 1. In all cases where any 
township trustee may have heretofore made and contracted 
debts against any township in the construction, repairing 
or completion of school houses, or in providing furniture 
or school apparatus therefor, and the special school rev- 
enue tax, as provided for in section 171, shall be insuffi- 



152 SCHOOL LAW OF INDIANA. 

cient to satisfy, pay and liquidate debts so made and con- 
tracted by such trustee, then, and in that case, it shall be 
lawful and such township trustee is hereby authorized to 
levy an additional tax of not exceeding twenty-five cents 
on each one hundred dollars' worth of taxable property, 
in any one year, to the amount now authorized to be levied 
under said section, for the purpose of paying, satisfying 
and liquidating the debts made and contracted by said 
trustee for the purposes aforesaid; and it shall be lawful 
and said trustee is hereby authorized to make said levy for 
each and every year after the passage of this act, until said 
debts, made and contracted as aforesaid for the purposes 
aforesaid, shall be fully paid, satisfied and liquidated : Pro- 
vided, That nothing in this act shall be construed to alter, 
change, modify, repeal or in any way conflict with section 
150: Provided, further. That such additional levy shall 
only be made after the legal voters of the township to be 
affected thereby shall have declared in favor thereof. (R. 
S. 1881, § 4471; R. S. 1901, § 5957; R. S. 1897, § 6173.) 

1. MajS'date. It is the duty of the trustee of a township to apply the 
tuition funds of the township, when received, to tlie payment of its in- 
debtedness for tuition, and the performance of such duty may be enforced 
by mandate.— State v. Cooprider, 96 Ind. 279. 

2. Debts. The above section applies to such debts only as were con- 
tracted previous to the time of its taking effect, March 11, 1871 : and it 
does not auMiorize a levy to pay any indebtedness created since that date. — 
Hord, Atty.-Gen. 

[1905, p. 219. Approved March 6, 1905. In force April 15, 1905.] 

176. Tax to complete town school house and to support 
town schools. 31. The board of town trustees shall have 
the following powers: * * * Nineteenth. To erect or 
provide such school houses as may be necessary for the use 
of the schools of the town, to complete school houses in 
process of erection and provide for the payment of the cost 
of the same, to keep all such school houses in repair and to 
provide fuel and other necessaries therefor. 



SCHOOL LAW OF IKDIANA. 



153 



[1907, p. 79. Approved and in force February 25, 1907.] 

177. Transfer money from bonds to special school reve- 
nue. 1. Wherever, m the absence of lawful authority so 
to do, any board of school trustees of any incorporated 
town in this state has heretofore issued bonds for money 
with which to repair and improve school buildings in such 
incorporated town, and has thereby obtained and has used 
the money so obtained for such purpose, and has also, in 
the absence of lawful authority so to do, levied a tax for the 
payment of such bonds, which tax has been collected and is 
now in the possession of such board, the said taxes shall 
by the proper authority be transferred to and shall become 
a part of the special school revenue of said school town, 
and shall be subject to appropriation and expenditure for 
all purposes which such special school revenue is now liable 
by law : Provided, That the provisions of this act shall not 
affect any pending litigation. 



154 



SCHOOL LAW OF INDIANA. 





CHAPTER X. 




ENUMERATION. 


Sec. 




Sec. 




178. 


Trustee to take— His duties — Who 


187. 


Repeal. 




enumerated. 


188. 


Enumeration, where filed — Retaking. 


179. 


Transfer . 


189. 


Townsliip in two or more counties — 


180. 


Tuition. 




Report. 


181. 


Appeal. 


190. 


Orphans' homes — Transfer of children 


182. 


Payment of tuition — Refusal to make. 




to. 


183. 


Rights not abridged. 


191. 


Payment of tuition. 


184. 


Transfer to school corporation of 


192. 


Appeal. 




100,000. 


193. 


Adjustment of tuition indebtedness. 


185. 
186. 


Payment of tuition. 
Transfer of school children. 


194. 


Special written agreements. 



[1895, p. 127. Approved and in force March 5, 1895.] 

178. Trustee to take — His duties — Who enumerated. 14. 

The school trustees of the several townships, towns and 
cities shall take or cause to be taken, between the tenth day 
of April and the thirtieth day of the same month, each year, 
an enumeration of all unmarried persons between the ages 
of six and twenty-one years resident within the respective 
townships, towns and cities. 

Each person required or employed to take such enumera- 
tion shall take oath or affirmation to take the same accu- 
rately and truly to the best of his skill and ability. Such 
oath or affirmation shall be made a matter of record and 
kept on file in the office of the school trustee. 

In making the said enumeration, the trustee, or person so 
employed, shall distinguish between the white and colored 
children, enumerating them in separate lists, and shall list 
the names of parents, guardians, heads of families, or per- 
sons having charge of such child or children, male or fe- 
male, shall list the full name and give the sex and age of 
each child so enumerated, shall secure the signature of 
either parent, guardian, head of family, or person having 
charge of such child or children, certifying to the correct- 
ness of the same, or if this is impossible, shall secure the 
signature of some responsible person who can certify to 
the correctness of said list; and he shall give the number 



SCHOOL LAW OF INDLA-NA. 



155 



of the school district to which such parent, guardian, head 
of family or person having charge of such child or chil- 
dren is attached for school purposes, and the number and 
initials which designate the congressional township in 
which such parent, guardian, head of family or person hav- 
ing charge of such child or children resides. In cities the 
said enumuerator shall give, in addition to the above enum- 
erated items, the street and number, of residence of such 
person. He shall include in such list all unmarried persons 
between the ages of six and twenty-one years, whose par- 
ents, guardians, heads of families or persons having charge 
of such child or children, shall have been transferred to 
his township, town or city for school purposes ; and he shall 
exclude from such list all persons whose parents, guard- 
ians, heads of families or persons having charge of such 
child or children shall have been transferred from his town- 
ship, town or city for school purposes. He shall not include 
in such list any persons residing temporarily in his town- 
ship, town or city for the purpose of attending school, or 
who are members of a family staying temporarily in his 
township, town or city, but whose actual residence is else- 
where. He shall include in his list such unmarried persons 
between six and twenty-one years of age as are dependent 
upon themselves and not under charge of parents, guardian 
or heads of families, and shall so designate such persons 
in a separate list, giving in cities the street and number 
of the residence of such persons. He shall enumerate no 
one who is not reported to him personally, and properly 
certified to as herein provided, except in cases of minors 
who are dependent upon no one, and not inmates of any 
family who may be reported as herein provided for: Pro- 
vided, That if any parent, guardian, head of family or per- 
son having charge of any child, shall be absent, the enum- 
erator shall ascertain the facts required from other reliable 
sources, and sign his own name to the certificate herein re- 
quired; and in case any parent, guardian, head of family 
or person having charge of any child entitled to school 



156 SCHOOL LAW OF INDIANA. 

privileges shall refuse to report to tlie enumerator any 
facts herein required, necessary to a full and accurate 
enumeration, he shall be deemed guilty of a misdemeanor 
and upon conviction shall be fined not less than one nor 
more than ten dollars. Each person required or employed 
to take the enumeration as provided for in this act, shall, 
when making returns of said enumeration to the proper 
officers, make affidavit or affirmation that he has taken and 
returned the enumeration in accordance with the provi- 
sions of this act, to the best of his knowledge and belief, 
and that such list contains the names of all persons entitled 
to be enumerated, and no others. The officer to whom such 
return is required, to be made may take and shall certify 
such affidavit or affirmation, and shall keep in his office 
such affidavit or affirmation and such report and list of 
names ; and each person so taking and returning the enum- 
eration shall be allowed by the township school trustee, or 
the school trustees of incorporated towns or cities, reason- 
able compensation per diem for his services, to be paid out 
of the special school fund of such township, town or city. 
Any person appointed as enumerator-, or any officer 
through whose hands the enumeration required by this act 
shall pass, who shall knowingly enumerate persons not en- 
titled to be enumerated, or who shall in any manner add 
to or take from the number actually enumerated, shall be 
deemed guilty of a misdemeanor, and, upon conviction of 
such offense, shall be fined in any sum not less than five 
nor more than one hundred dollars, or imprisonment in the 
county jail not less than ten nor more than thirty days, at 
the discretion of the court. (E. S. 1897, § 6174.) 

1. Who may be i.numerated. Ouly persons between the ages of 6 
and 21 years are entitled to be enumerated, and to have the benefits of the 
oojnmon schools. — Draper v. Cambridge, 20 Ind. 268. A minor attains to 21 
years of age on the day preceding the twenty-first anniversarj' of his birth. 
—Wells V. Wells, G Ind. 447. 

2. Residence. The legal domicile and residence of a minor, not eman- 
cipated, is that of his parents. Parents residing in another state can not 
send their children into this state for the purpose of procuring an education, 



SCHOOL LAW OF INDIAlSrA. 157 

and eudble tliem to acquire such a residence here as will entitle them to 
admission into the common schools of this state, unless the circumstances 
are such as will create a bona fide legal residence here. — Wheeler v. Bur- 
row, 18 Ind. 14, 

3. NoN-EESiDENT STUDENTS. Persous residing temporarily within a 
corporation, for the purpose of studying at a school or college there located, 
do not acquire a legal residence therein. 

4. Choice of districts. A person may be detached from one district 
and attached to another at any time durmg the year, with the consent of 
the trustee, upon presentation to him of a suitable reason therefor : but a 
person whose school privileges have been affected by his removal, or by 
Ihe relocation of a school house, has the right at the next enumeration to 
choose a district in the township to which he will be attached. 

- The distinction must be observed between a transfer and an attach- 
ment to a district, the former being a change from one corporation to an- 
other, the latter from one district to another in the same corporation. 

5. Choice op schools in cities and towns. There is no provision in 
the law, that we are aware of, authorizing parents or guardians to deter- 
mine to which one of the schools they will send their children in towns 
and cities. These matters are managed, we believe, by the trustees ex- 
clusively, in towns and cities, who, doubtless, to some extent, consult the 
wishes of the inhabitants, having in view the grade of the school which it 
is proper that any given pupil shoald attend, the convenience of parents 
and the surrounding circumstances. — City of Crawfordsville v. Hays, 42, 
Ind. 207. 

6. I'KivjLEGES OF CERTAIN OHii-DRFN. The scliool trustecs are required 
to "make an enumeration of the children, white and colored, within their 
respective townships, towns and cities," and to "list the names of parents, 
guardians or heads of families, male and female, having charge of such 
children." The law in this section recognizes three distinct relations in 
which the person having charge of a child may stand to the child, viz., par- 
ent, guardian and head of a family. The term "heads of fainilies" must 
refer to a relation not included in the terms "parents" and "guardians." 
It is intended to cover cases where a person has children of school age 
in his home and under his protection, whether as employes or as members 
of his family, though without formal adoption or legal guardianship. But 
there are other cases which the provision of the statute as to listing names 
does not include, but which must be provided for under the requirement 
for enumerating the children within the several corporations. The domi- 
cile oC a minor is with his parents or guardian, and in theory every minor 
is supposed to have a guardian. But, in fact, many are completely sui 
juris, independent of parental control or support, and living by their own 
labor. , The homer of such, for the purposes of this section, must be the 
places where they are employed or stay Avithout any immediate intention 
of departing therefrom. No one can be said to have charge of them, they 
do not live at the homes of their einployers, and are not under their pro- 
tection as heads of families. They are none the less entitled to school 
privileges under v/hat our constitution requires to be a "general and uni- 



158 SCHOOL LAW OF INDIANA. 

form system of common schools, wherein tuition shall be without charge, 
and equally open to all." 

The supreme court remarlis, incidentally, in Johnson v. Smith, 64 Ind. 
275 : "The theory of these statutory provisions is, that each and every 
child of the proper age, without regard to race or color, within the limits 
of this state, is entitled of right, and without charge for tuition, to the 
benefits of such an education as may be obtained in and by our common 
schools." 

All persons between the ages of six and twenty-one years are entitled 
to school privileges, and may be enumerated in the school corporations in 
which they, in good faith, have their home — understanding home in the 
general sense, not in the technical sense of legal domicile. Those who are 
in any way in charge of a resident head of a family should be so enumer- 
ated; those who can not be so assigned may be enumerated as without 
guardian. In acting under this interpretation trustees should guard against 
imposition, by flinding out whether the case can be brought under the law 
of transfer (§§ 170, 180) ; and, if not, whether the child is dependent upon 
himself for support, or upon the person with whom he lives. In either 
case he should be admitted to the schools. Bat children can not legally 
be maintained and sent to school by parents or guardians in corporations 
other than those in which they themselves reside, nor can a minor become 
a resident of a school corporatior. merely to acquire an education therein. 

7. Colored childeen. The township trustee will not be compelled by 
the courts to make a separate list of colored children, unless a separate 
school for them is practicable. — State v. Grubb, 85 Ind. 213. 

8. Mandate — Pleadings. In an application for a mandate to enforce 
the admission of a person to a common school, the complaint should affirma- 
tively show that the applicant is under twenty-one and not under six years 
of age. and unmarried, or such complaint will be bad on demurrer. — Draper 
v. Cambridge, 20 Ind. 268. 

9. Report, effect. The report of the trustee was formerly conclu- 
sive on the county superintendent. — Young v. State, 138 Ind. 206. 



[1901, p. 448. Approved and in force March 11, 1901.] 

179. Transfer. 1. If any child resident in one school 
corporation of the state may be better accommodated in 
the schools of another school corporation the parent, 
guardian or custodian of such child may at any time ask 
of the school trustee, board of school trustees or commis- 
sioners of the school corporation in which such child re- 
sides, an order of transfer, which, if granted, shall entitle 
such child to attend the schools of the corporation to which 
such transfer is made, under the conditions hereinafter pre- 
scribed: Provided, It shall also be cause for transfer if 



SCHOOL LAW OF INDIANA. 159 

the nearest school to any child entitled to school privileges 
shall be more than one mile from the residence of such 
child and there be a school in an adjoining corporation 
within one-half mile, unless free transportation is pro- 
vided. (E. S. 1901, § 5959 a.) 

1. Annual teansfer. Transfers have to be made every year ; a trans- 
fer for one year is not valid for the next year. — 143 Ind. 84. 

2. The eight of teansfee. Formerly persons could be transferred 
at no other time than at the time enumeration was taken, and then only 
when the trustee was satisfied that they could be better accommodated. — 
Edwards v. Trustee, etc., 143 Ind. 84; but now the transfer may be made 
at any time. 

.3. Appeal. The right to be transferred is not absolute, depending 
upon the choice of the citizen, like the right to be attached to any school 
in his township. It can only be claimed if he "can be better accommo- 
dated" by such transfer, and the power of the trustee to make the transfer 
depends upon the existence of that condition. Of necessity, then, he must 
determine whether or not the condition exists, and act upon such deter- 
mination. But his decision is not final. Section 445 expressly provides for 
an appeal to the county superintendent from all decisions of the trustee 
relative to school matters ; and for the purpose of preventing, as far as 
can be, vexatious litigation, provides that the decision of the county super- 
intendent shall be final as to certain matters, among which is enumerated 
"transfers of persons for school purposes." — Fogle v. Gregg, 26 Ind. 345 ; 
Edwards v. Trustee, etc., 143 Ind. 84. See section 181. 

4. To WHAT coEPOKATioNS. Previous to 1899 persons could only be 
transferred from one township to an adjoining township ; the word ad- 
joining did not, however, apply to cities and towns. — Edwards v. Trustees, 
etc., 143 Ind. 84. But now no restriction is placed, in this respect, upon 
the school corporation to which the transfer may be made. 

5. Better accommodations. The right of transfer for educational 
purposes, provided by statute, is given only to persons who can be better 
accommodated thereby. It is a personal right, and each request for trans- 
fer is to be considered and determined upon its merits as a separate case 
by the school ollicers ; that is, can the person requesting the transfer, tak- 
ing all the surroundings and conditions that will exist during the coming 
school year into consideration, be better accommodated during such year 
with school privileges at the schools of the school corporations to which 
be seeks transfer than at the schools of the school corporation in which he 
resides. 

In the determination of this question many things would be material 
and pertinent ; the proximity of the schools in the township and city to the 
residence of relator ; the kind and character of the roads to each ; the 
means of transportation, if any, to each ; the crowded condition of the 
schools in either of the two school corporations. — Edwards v. Trustee, etc., 
143 Ind. 84. 



160 SCHOOL LAW OF IITOIANA. 

6. Taxes of teansfereed persons. Persons now transferred are no 
longer taxed in the township to which they are transferred, unless they 
have property in that township. For a decision on the old law, see Johns 
V. State, 130 Ind. 522. 

7. To WHAT TAXES LIABLE. Formerly a transferred person was liable 
to all taxes levied for school purposes in the corporation to which he was 
transferred, and at the same rate as resident school patrons. — Johns v. 
State, 130 Ind. 522. 

8. Constitutional. The provisions of the old section authorizing the 
taxation of the person transferred was constitutional. — Kent v. Town of 
Kentland, 62 Ind. 291 ; Robinson v. Schenck, 102 Ind. 307, 315. 

9. Must receive. The person transferred must be received by the 
school corporation to which the transfer is made. — Edwards v. Trustee, etc., 
143 Ind. 84. 

10. Request necessary. Unless the person to be transferred requests 
it, a transfer can not be made. — Edwards v. Trustee, etc., 143 Ind. 84. 

11. Appeal on refusal to make transfer. The person desiring to be 
transferred has -the right to appeal if his request be denied ; and so has 
the corporation to which a transfer is made. The appeal must be taken 
within thirty days after the request is made and refusal given ; or, in 
case of the school corporation, within thirty days after it is notified or 
the transfer. On appeal, the decision of the county superintendent is final. 
—Edwards v. Trustee, etc., 143 Ind. 84. 

12. Length of time of transfer. It has been rigidly held by the su- 
preme court that a transfer is for a full year regardless of the length of 
term of scliool m the corporation from wliich the transfer is made. There- 
fore, if a child is transferred from a corporation maintaining a six months' 
term to a corporation that maintains a nine months' term the said child is 
entitled to nine months of school as provided where transferred. 

13. Transfer of high school pupils. All pupils are entitled to a 
four years' high school course in a commissioned high school, and when 
the corporation in which the pupil lives does not maintain such a course 
the pupil is entitled to a transfer to a commissioned high school. 

180. Tuition. 2. If such transfer is granted, the school 
trustees, or board of school trustees, or commissioners of 
the school corporation in which such child resides, shall 
pay out of the special school fund to the school trustee, 
board of school trustees or commissioners of the school cor- 
poration to which such child is transferred, as tuition for 
such child, an amount equal to the annual per capita cost 
of education in the corporation to which said child is trans- 
ferred; or such apart of it as the term of enrollment of said 
child in the schools of the creditor corporation may require : 
Provided, That the per capita cost in high schools shall be 



SCHOOL LAW OF INDIANA. 161 

calculated npon the basis of expenditures for high school 
purposes, and the per capita cost in grade schools shall be 
calculated upon the basis of expenditures for the schools 
below the high school : Provided, That the rate of tuition 
per month shall not exceed two dollars in the high school, 
or one dollar and fifty cents in the grades. In calculating 
the per capita cost, only expenditures for the current year, 
not including permanent' improvements and additions, shall 
be counted. (R. S. 1901, § 5959b.) 

1. No TEANSFEK. If a cliiid attending a school has not been trans- 
ferred to it, the township in which he resides is not liable to pay for its 
schooling. 

2. Child absent feom school. The township must pay for the time 
the transferred child is in actual attendance, which can be ascertained by 
the record of attendance as shown by the daily record of the teacher. Tem- 
porary absences should not be deducted from the general period of attend- 
ance. 

A trustee should not pay for a definite period during which its child 
is absent ; as for instance, for a period of three months. 

181. Appeal. 3. If an order of transfer be denied, the 
parent, guardian or custodian of the child shall have the 
right to appeal the case to the county superintendent of 
schools, whose decision shall be final, (R. S. 1901, 
§ 5959c.) 

1." FijvTAL DECISION. Tlie county superintendent's decision is final. See 

section 179, notes 3 and 11. 

2. Time fob appeal. The appeal must be taken within thirty days 
after refusal to make the transfer has been made by the trustee. 

182. Payment of tuition — Refusal to make. 4. The in- 
debtedness for tuition between school corporations arising 
from the provisions of this act shall be due and payable 
February 1st and July 30th of every year. If any school 
trustee or board of school trustees or commissioners refuse 
to pay any sums claim.ed by another corporation as due, 
the creditor corporation shall make written statement of 
the case to the county auditor, who shall have power to 
hear and determine the matter. If he hold that a given sum 
is due the complaining corporation, he shall, in the next 



162 SCHOOL LAW OF INDIANA. 

semi-annual distribution of school revenues, withhold such 
sum from the amount otherwise due the debtor corporation : 
Provided, That unpaid tuition claims arising between cor- 
porations of different counties shall be adjusted by the 
state superintendent of public instruction, through the ap- 
portionment of school revenues. 

183. Rights not abridged. . 5. Nothing in this act shall 
be construed to abridge the right of trustees, boards of 
trustees or commissioners of two or more corporations to 
enter into written agreements to educate the transferred 
children of their respective corporations for a charge less 
than that named in section 2 of this act. (R. S. 1901, 
§ 5959c.) 

1. Note. Section 6 repeals all laws in conflict with the five preceding 
sections. 

[1901, p. 513. Approved and in force March 11, 1901.] 

184. Transfer to school corporation of 100,000. 1. 

Whenever a child shall be transferred for school purposes 
from one school district or corporation to another, the lat- 
ter having a population of more than 100,000, according to 
the last preceding United States census, in case the parent, 
guardian or custodian of such child is at the time, prior to 
August 1st, in any year, a taxpayer in the district to which 
the transfer is made, any tuition payable by law on account 
of such transfer by the corporation making it, shall be re- 
duced or credited to the extent of all current school taxes 
levied by the corporation to which the transfer is made and 
payable by such parent, guardian or custodian. 

185. Payment of tuition. 2. If any parent, guardian or 
custodian of a child entitled by law to attend the common 
schools of one district school or school corporation of this 
state desires to have the child transferred for school pur- 
poses to another such school district or school corporation 
of this state, the latter having a population of more than 
100,000, according to the last United States census, and he 



SCHOOL LAW OF INDIANA. 



163 



fails, or is imable to procure such transfer to be made, as 
provided by law, in such case if the child shall neverthe- 
less be accepted as a scholar in the common schools of such 
district or corporation to which the transfer was desired, 
any tuition for the child payable by the parent, guardian or 
custodian to the school corporation where the child shall 
be so accommodated shall be reduced or credited to the ex- 
tent of all current school taxes levied by the school cor- 
poration so accommodating the child, and payable by such 
parent, guardian or custodian. (B. S. 1901, § 5959g.) 

[1907, p. 321. Approved March 9, 1907. In force April 10, 1907.] 

186. Transfer of school children. 1. Any school trus- 
tee, board of school trustees or commissioners of any school 
corporation which shall receive transfers of children from 
another school corporation, shall, on or before the third 
Monday in June of each year, file a complete statement 
showing all of such transfers, giving the name of each 
child and the school corporation from which each child was 
received, together with a statement of the attendance of 
each child so transferred and the amounts due to the cor- 
poration to which such transfer has been made because of 
the same, and also a certified statement of the annual per 
capita cost of maintaining the school or schools which such 
transferred child or children attended during the year. A 
duplicate statement of attendance of each child in the 
school to which it has been transferred, of the amounts due 
the corporation on account of tuition of such children and 
of the per capita cost of maintaining the school or schools 
to which such children were sent, shall, at the same time, be 
filed with the debtor corporation from which such child or 
children were transferred. The county auditor shall, at 
the annual July distribution of the tuition fund in the same 
year, deduct from the amount of said fund apportioned to 
the debtor corporation issuing such transfers, an amount 
equal to the tuition for such transferred child or children 
in the schools of the creditor corporation, or such part of 



164 SCHOOL LAW OF INDIANA. 

it as the term of enrollment of such transferred child or 
children in the creditor corporation may require, not -to ex- 
ceed the rate of two dollars per month in the high school, 
and not over one dollar and fifty cents in the grades. The 
auditors shall then transfer the amount deducted from the 
debtor corporation to the amount apportioned to the cred- 
itor corporation receiving such transfers: Provided, That 
in the case of transfers from a corporation in one county 
to a corporation in another county, such transfers, together 
with the above mentioned required certified statements, 
shall be filed with the state superintendent of public in- 
struction at the same time as provided for filing with the 
county auditor, and that a duplicate of such statements 
shall also be filed with the county auditor of the county 
from which such child or children may have been trans- 
ferred. The state superintendent shall then make the ad- 
justment between the counties, forwarding, with the appor- 
tionment to the county auditor of the county of the creditor 
corporation, a statement of whatever additions there may 
be to any corporation in his county because of transfers 
from other counties. A duplicate of such statement shall be 
filed with the county auditor by the debtor corporation. 
The county auditor of the creditor corporation shall then, 
in his distribution of funds, add such amount to whatever 
corporation or corporations they may be due, and the 
county auditor of the debtor corporation shall make such 
deductions from any corporation or corporations in his 
county made necessary because of transfers of children 
therefrom ; and the county auditor shall show on his distri- 
bution sheet all amounts charged or credited to school cor- 
porations on account of transfers. 

187. Repeal. 2. So much of an act entitled "an act 
regulating the transfer of children from one school cor- 
poration to another and fixing the price of tuition, repeal- 
ing all laws and parts of laws in conflict therewith, and de- 
claring an emergency," approved March 11, 1901, as is in 
conflict herewith is hereby repealed. 



SCHOOL LAAV OF TlSTBTAlSrA. 



[1895, p. 127. Approved March 5, 1895. In force June 28, 1895.] 



165 



188. Enumeration, where filed — Retaking. 18. Each 
township trustee and the president of the board of school 
trustees of towns and cities shall, on or before the first day 
of May, annually, report to and file with the county super- 
intendent of the proper county, a copy of the enumeration 
for school purposes of his toAvnship, town or city, with a 
list of transfers to such township, town or city, with his 
affidavit endorsed thereon to the effect that the same is, to 
the best of his knowledge and belief, full and accurate and 
taken in accordance with the provisions of the law govern- 
ing the enumerations. When said county superintendent, 
however, on an examination of the enumeration returns of 
any township, town or city, finds any evidence that the 
enumeration is excessive in number or in any other way 
incorrect he may require the same to be retaken and re- 
turned, and if he deem it necessary he may, for this pur- 
pose, appoint persons to perform the service, who shall 
take the same oath, perform the same duties, and receive 
the same compensation out of the same funds as the per- 
son or persons who took the enumeration in the first place^ 
and the school revenue shall be distributed to such school 
corporation upon the corrected returns. (R. S. 1897, 
§6177; R. S. 1901, §5961.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

189. Township in two or more counties — Report. 19. 

When a congressional township is located in two or more 
counties, the proper trustees for each portion thereof in the 
several counties shall report, at the same time and in like 
manner as provided in the last preceding section, to the 
county superintendent of the county in which the congres- 
sional township fund of such township is held in trust and 
managed. (R. S. 1881, § 4476; R. S. 1901, § 5962; R. S. 1897, 
§ 6178.) 

1. Explanation. This section requires that when a congressional 
township is located in two or more counties, the proper trustees for each 
portion thereof shall make two separate and distinct reports of enumera- 
tion. 



166 SCHOOL LAW OF INDIANA. 

[1907, p. 310. Approved March 9, 1907. In force April 10, 1907.] 

190. Orphans' homes — Transfer of children to. 1. De- 
pendent children in orphans' homes or custodial institu- 
tions for dependent children in this state, shall be educated 
by the township trustee or school board of the corporation 
in which the custodial institution or orphans' home is lo- 
cated. That the board of commissioners of any county, the 
board of children's guardians, township trustees, truant offi- 
cers, state agents, juvenile courts and other courts and per- 
sons authorized by law to place dependent children in cus- 
todial institutions of this state, shall immediately upon the 
placing of any child or children in any such custodial in- 
stitution, give notice to the school corporation from which 
said child came that said child has been placed in such cus- 
todial institution. That a transfer certificate shall be is- 
sued by the trustee or school board where such child has a 
legal settlement, for each dependent child in such custodial 
institution or orphans ' home, and sent to the proper school 
officer or officers of the school corporation where said cus- 
todial institution or orphans' home is located: Provided, 
That in the event of a transfer of a child from one custodial 
institution or orphans ' home to another, a new transfer cer- 
tificate shall be issued. That each school corporation thus 
transferring a child or children shall be credited at the end 
of the school year on its transfer account to the amount of 
the annual per capita distribution made by the state super- 
intendent of public instruction when such child has been 
enumerated in the custodial institution or orphans' home. 
That account shall be kept by the custodial institution or or- 
phans ' home of the actual school days each child is an in- 
mate of said custodial institution or orphans ' home, and the 
same reported to the proper school officer where said insti- 
tution is located at the end of the school year: Provided, 
That the report from any such custodial institution to the 
township trustee or the school board of the corporation in 
which the same is located, shall also contain the name 
of the school corporation in which said child has a 



SCHOOL LAW OF nmLAJfA. 



167 



legal settlement, the date when entering said institu- 
tion, when removed, and the age of said., child. That 
each dependent child in custodial institutions or or- 
phans' homes in this state shall be enumerated where it 
is at the time the enumeration is taken, whether it be in 
the cliikVs ovin school corporation or the school corporation 
where the custodial institution is located, but said enumera- 
tion shall not change the legal settlement of any such child. 

[1903, p. 15. Approved and in force February 6, 1903.1 

191. Payment of tuition. 2. The school corporation in 
which such child has settlement shall pay out of the special 
school fund of said corporation to the school corporation in 
which said institution is located, as tuition for said child, 
an amount equal to the annual per capita cost of education, 
in the corporation to which said child is transferred, or such 
a part of it as the child or children are actually school resi- 
dents of the corporation to which they were transferred: 
Provided, That the rate of tuition per month shall not ex- 
ceed one dollar and fifty cents. In calculating the per cap- 
ita cost, only expenditures for current year, not including 
permanent improvements and additions, shall be counted. 

192. Appeal. .3. If an order of transfer be denied to 
the school corporation in which the said custodial institu- 
tion or orphans ' home is located, said school corporation by 
its proper ofi&cer or officers may appeal the case to the coun- 
ty superintendent of schools of the county denying said 
transfer. Either school corporation by its proper officer or 
officers may appeal from the decision of the county superin- 
tendent of schools to the state superintendent of public in- 
struction, within sixty days, by filing a written statement 
of the case and serving written notice upon the other con- 
testing corporation. 

193. Adjustment of tuition indebtedness. 4. The in- 
debtedness for tuition between school corporations arising 
from the provisions of this act shall be due and payable 



168 SCHOOL LAW OF INDIANA. 

February 1st and July SOth of every year. If any school 
trustees or board of school trustees or commissioners refuse 
to pay any sums claimed by another corporation as due, the 
creditor corporation shall make written statement of the 
case to the county auditor, who shall have power to hear 
and determine the matter. If he hold that a given sum is 
due the complaining corporation, he shall, in the next semi- 
annual distribution of school revenues withhold such sum 
from the amount otherwise due the debtor corporation: 
Provided, That unpaid tuition claims arising between cor- 
porations of different counties shall be adjusted by the state 
superintendent of public instruction, through the appor- 
tionment of school revenues. 

194. Special written agreements. 5. Nothing in this 
act shall be construed to abridge the right of trustees, 
boards of trustees or commissioners of two or more corpora- 
tions to enter into written agreements to educate the trans- 
ferred children of their respective corporations for a charge 
less than that named in section 2 of this act, nor shall this 
act apply to children maintained in any institution support- 
ed out of the state treasury. 



SCHOOL LAW OF INDIANA. 



169 





CHAPTER 


XI. 




APPORTIONMENT 01 


^ REVENUE. 


Sec 




Sec. 




195. 


To be semi-annually. 


205. 


Uses of funds. 


196. 


Reports of county auditors. 


206. 


Liability for fund. 


197. 


When and what county auditor re- 


207. 


Surplus. 




ports. 


208. 


Repeal. 


198. 


When congressional township divided. 


209. 


Printed statement. 


199. 


Auditor failing to report . 


■210. 


Payment to counties. 


200. 


State tax levy. 


211. 


Payment of excess. 


201. 


Apportionment among counties. 


212. 


Unapportioned balances. 


202. 


Distribution of 5.2 of fund. 


213. 


County auditor's apportionment 


203. 


Town or township deficiency — Certi- 


214. 


Interest on sinking fund. 




ficate. 


215. 


Surplus dog tax fund. 


204. 


Superintendent and auditor — Duties. 








[1897, p. 291. Approved a 


nd in force March 8, 1897.] 



195. 



To be made semi-annually. 109. There shall be 



two apportionments of the school revenue for tuition made 
in each year by the state superintendent of public instruc- 
tion — one on the fourth Monday in June, and the other on 
the first day of January, unless the said day of the month 
should be Sunday, and, if so, on the day following. (R. S. 
1897, § 6179.) 

196. Reports of county auditors. 110. To enable the 
superintendent to make said apportionments, and to ascer- 
tain the amount of said revenue collected and ready for that 
purpose, the auditors of the several counties of the state 
shall, promptly, after making the settlements with the 
county treasurers of the respective counties in May for the 
amount collected on tax list, and in December for the 
amount of delinquent tax collected, make report to said su- 
perintendent of the precise amount of school revenue for 
tuition collected in their respective counties and ready for 
apportionment and distribution; which report shall be veri- 
fied by the oath or affirmation of the auditor indorsed there- 
on. (R. S. 1897, § 6180; R. S. 1901, § 5964.) 

197. When and what county auditor reports. 111. The 

first of said reports in each year shall not be delayed later 



170 SCHOOL LAW OF INDIANA. 

than the third Monday in June, and the second not later 
than the tweDty-fifth day of December. Said report shall 
show — 

First. The amount of school tax collected since the last 
report, whether upon the current year's tax list or delin- 
quent tax. 

Second. The amount of interest collected since the last 
semi-annual report, and the amoimt, if any, not previously 
reported, upon loans of common school funds, and on any 
indebtedness which is due or payable to said funds, arising 
from the sale of seminary property or otherwise. 

Third. The amount derived from liquor licenses and un- 
claimed fees not previously reported. 

Fourth. The total amount of school revenue thus col- 
lected and ready for apportionment. 

Fifth. The income derived from the congressional town- 
ship school fimd, including the interest on loans of said 
fund, and on deferred payments for school lands which have 
been sold, and the rents and profits derived from the leasing 
or renting of any such lands, or otherwise. 

Sixth. The amount of said income from the congres- 
sional township fund on hand for distribution in parts of 
the townships in the adjacent counties, specifying the 
amount on hand for each of the several counties. (R. S. 
1897, § 6181.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

198. When congressional township divided. 112. When 
the congressional township lies partly in one county and 
partly in another, the auditor of the county in which the 
fund of such township is managed shall notify the auditor 
of the county in which any portion is situated of the amount 
due to such portion. (R. S. 1881, § 4480; R. S. 1901, § 5966; 
R. S. 1897, § 6282.) 

199. Auditor failing to report — Penalty. 113. On the 
failure of any county auditor to make his said semi-annual 
report in time for said apportionments, his county shall be 



SCHOOL LAW OF INDIATiTA. 171 

subject to a dimimition of one hundred dollars in the next 
apportionment of said revenue by the superintendent. The 
sum thus withheld may be collected from said auditor, in 
a suit before a justice of the peace, prosecuted in the name 
of the state, by any person living in said county who has 
children enumerated for school purposes for the current 
year, who is aggrieved by said diminution. Said suit shall 
be commenced within two years from the time when said 
report was due, and not afterward: Provided, That said 
auditor may discharge himself from liability to such suit 
by a certificate of the postmaster that said report was 
mailed in due time, together with his own affidavit of that 
fact. (R. S. 1881, §4481; R. S. 1901, §5967; R. S. 1897, 
§ 6183.) 

[1907, p. 505. Approved and in force March 11, 1907.] 

200. State tax levy. 1. There shall be in the year 1907, 
and annually thereafter, assessed and collected as state and 
county revenues are collected, thirteen cents and six mills 
on each one hundred dollars worth of taxable property, real 
and personal, in this state, and in addition thereto a poll 
tax of fifty (50c) cents upon each legal voter in the state, 
which money when collected shall be paid into the state 
treasury for a common school tuition fund, and shall be ap- 
portioned to the several counties in the manner provided in 
said act, section one of which is hereby amended. 

[1905, p. 34. Approved and in force February 24, 1905.] 

201. Apportionment among counties. 2. The state su- 
perintendent of public instruction shall, on the days fixed 
by law for his apportionment of the school revenue, in each 
year, add to the sum total of said revenue, in readiness in 
each county for apportionment, any amount in the state 
treasury ready for apportionment, together with 94.8 per 
cent, of the sum collected by virtue of the levy provided 
for in section one of this act; and, after said addition, the 
superintendent shall apportion the whole of said sum to the 
several counties of the state, according to the last enumera- 



172 ' SCHOOL LAW OF INDIANA. 

tion of children therein, with due reference to the diminu- 
tion provided for by law. 

1. Object or this section. The equal distribution of the state school 
revenue to the several school corporations of the state, according to the 
number of school children there in, is a means, and not an end; but the 
great purpose for which this means may be used is that tuition shall be 
without charge and equally open to all the children of the state. — State v. 
McClelland, 138 lud. 895 ; Pfau v. State, 148 lud. 539 ; Starr v. State, 149 
Ind. 592. 

2. CoNSTiTUTioNAi.. This section is not in conflict with the state con- 
stitution.— State V. McClelland, 138 Ind. 395. 

3. Amount to be returned — How determined. To determine what 
part of the unexpended balance must be returned to the county treasurer, 
the amount received from the state and the amount received from local 
sources must be prorated.— State v. McClelland. 138 Ind. 395. 

202. Distribution of 5.2 of fund. 3. A sum equal to 5.2 
per cent, of the amount collected under the levy provided 
for in section one of this act, shall be a fund to be distrib- 
uted as hereinafter provided. 

203. Town or township deficiency — Certificate. 4. 
Whenever any trustee of a township or board of trustees of 
any school town shall ascertain that there is not a sufficient 
amount of tuition revenue in his or their hands to enable 
him or them to maintain the public schools therein for the 
minimum term now or hereafter provided by law in such 
current school year, he or they, as the case may be, shall 
certify in writing under oath such fact to the county super- 
intendent of his or their county, stating therein the rate of 
the levy for local tuition purposes on each one hundred 
dollars, and the taxes on each taxable poll made for the sup- 
plementary tuition tax by such township or school town in 
the year immediately previous to the school year in which 
such deficiency occurs, or will occur; also, stating the full 
amount received for tuition from each source, the names 
and number of teachers employed, the rate per diem paid 
them, the number of days each has taught and when he be- 
gan teaching, and an estimate of the amount that will be 
necessary over and above the tuition revenue then on hand 



SCHOOL LAW OF IISTDIAIS^A. 173 

to complete such legal minimum term of all. the public 
schools in such school corporation. Said certificate shall be 
executed in duplicate. Said county superintendent shall im- 
mediately examine such certificate, and if he shall find the 
facts stated therein to be true, and shall further find that 
such school corporation has levied the highest amount au- 
thorized by law for such school municipality as supplemen- 
tary tuition tax for the year in which such deficiency will 
occur, he shall forward one of such certificates to the state 
superintendent of public instruction, together with the re- 
sult of his examination, and with the name and postoffice 
address of such township trustee or the treasurer of such 
school corporation. 

[1907, p. 449. Approved March 11, 1907. In force April 10, 1907.] 

204. Superintendent and auditor — Duties. 5. Upon re- 
ceipt of such statement from the county superintendent, 
the said superintendent of public instruction shall issue an 
order on the auditor of state in favor of such school corpora- 
tion, if there be funds in the state treasury available for that 
purpose, for the amount necessary to bring the school term 
of said township or school corporation up to the minimum 
legal term, specifying the name of the tr-ustee of such town- 
ship, or the treasurer of said town, and his postoffice ad- 
dress. And the auditor of state shall at once draw a war- 
rant on the treasurer of state, payable out of the fund pro- 
vided for in section 3 of this act in favor of said township 
or town, payable to the trustee of such township or treasur- 
er of such town, and mail the same to him: Provided, No 
such tow^nship trustee or treasurer of such school town 
shall be entitled to draw or receive the funds provided 
in this act imless said township trustee or school board 
of trustees has levied a local tuition tax of at least twenty- 
five cents on $100.00 of taxable property in such township 
or school town: And providing. That where any such 
school trustee or corporation is maintaining a seven months ' 
term of school and finds the amount of tuition revenue 



174 SCHOOL LAW OF INDIANA. 

insufficient for snch purpose, such trustee or the treasurer 
of such school corporation shall be entitled to draw or 
receive the funds provided in this act in the event only 
such trustee or school board has levied a local tuition tax 
of not less than forty cents on $100.00 of taxable property 
in such township or school town. 

[1905, p. 34. Approved and in force February 24, 1905.] 

205. Uses of fund. 6. Said township trustee or school 
board of trustees shall use the amount so received from the 
state for the payment of the salaries of teachers employed 
in his township or their town to enable him or them to main- 
tain schools therein for the full term as required by law 
during the year for which it was received, and shall use it 
for no other purpose. 

206. Liability for fund. 7. The township trustee, or 
treasurer of any town school board and the sureties on their 
bonds receiving such funds from the state, shall be liable 
for the same as for any other township or school funds they 
may receive in an official capacity. 

F11907. Approved March 11, 1907. In force April 10, 1907.] 

207. Surplus. 8. Wliatever unused surplus shall re- 
main of the fund provided in section 3 of the act hereby 
amended at the close of any fiscal year shall be and remain 
a part of the common school tuition fund of the state. 

208. Repeal. 9. All laws and parts of laws in conflict 
herewith are hereby repealed. 

[1865, p. 3. Approved and in force March 6, 1865.] 

209. Printed statement. 115. Said superintendent shall 
make out and have printed a statement showing — 

First. The enumeration of children in each county. 
Second. The amount of school revenue ready for appor- 
tionment in each county, and the source from which the 



SCHOOL LAW OF INDIAN^A. 175 

same is derived, iDclnding said addition from the state in- 
debtedness. 

Third. The distnbutive share thereof apportioned to 
each county. 

He shall file a copy of said statement with the auditor of 
state and treasurer of state, and he shall forward a copy 
thereof, by mail, to each of the county auditors, county su- 
perintendents and county treasurers of the state. (R. S. 
1881, § 4483; E. S. 1901, § 5969; R. S. 1897, § 6185.) 

210. Payment to counties. 116. The auditor of state 
shall, at the time of making the semi-annual settlements 
with the several county treasurers, give them each a war- 
rant on the state treasury for the distributive share of said 
revenue apportioned to their respective counties, the amount 
of which shall be retained by said treasurers out of the 
money or revenue in their hands; and the balance ascer- 
tained to be due to the state, of ordinary state revenue or 
other revenue, together with said warrant, shall be paid 
into the state treasury. The settlement between the re- 
spective county treasurers and the auditor of state, and the 
drawing of the warrants for the amounts apportioned to 
their respective counties; the ascertainment of the balance 
payable into the state treasury, and the payment of said 
balance, and retention by the county treasurers of their dis- 
tributive shares of school revenue, according to said appor- 
tionment — shall be concurrent acts, and shall be done and 
performed in such a manner as to effect a complete semi- 
annual disbursement, from the state treasury to the several 
counties of the state, of all the school revenues then appor- 
tioned to them, and as soon as practicable after the appor- 
tionment is made. (R. S. 1881, § 4484; R. S. 1901, § 5970; 
R. S'. 1897, § 6186.) 

[1885, S. p. 208. Approved and in force April 13, 1885.] 

211. Payment of excess. 1. The auditor of state shall, 
at the time of making the semi-annual settlements with the 
several county treasurers, give them each a warrant on the 



176 SCHOOL LAW OF INDIANA. 

state treasury for the state school revenues collected in 
their respective counties, the amount of which shall be re- 
tained by said treasurers, and when the superintendent of 
public instruction shall have made his semi-annual appor- 
tionments of school revenue for tuition to the several coun- 
ties of the state, the auditor of state shall draw his warrant 
upon the state treasury to the respective county treasurers 
to which there may be due a greater amount than the state 
school revenue which has been collected in said counties, 
and for which a warrant as hereinbefore provided has been 
issued to them, and said county treasurers to whom war- 
rants have been issued at the semi-annual settlements for 
more than their distributive share of said school revenue 
shall, upon notice being given them thereof by the auditor 
of state, forthwith pay such excess into the state treasury. 
(R. S. 1901, § 5971; K. S. 1897, § 6187.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

212. Unapportioned balances. 117. If at any time, 
from any cause whatever, an unapportioned balance of 
school revenue shall appear in the state treasury, other than 
that which is nominally therein at the passage of this act, 
the superintendent of public instruction shall add said bal- 
ance to the sum to be apportioned, and apportion it at the 
next succeeding apportionment after such balance so ap- 
pears. (R. S. 1881, § 4485; R. S. 1901, § 5972; R. S. 1897, 
§ 6188.) 

[1897, p 291. Approved and in force March 8, 1897.] 

213. County auditor's apportionment. 118. The audi- 
tor of each county shall, semi-annually, on the second Mon- 
day of July and on. the last Monday in January make ap- 
portionment of the school revenue, to which his county is 
entitled, to the several townships and incorporated towns 
and cities of the county ; which apportionment shall be paid 
to the school treasurer of each township and incorporated 
town and city by the county treasurer. In making the said 



SCHOOL LAW OF INDIANA. 



177 



apportionment and distribution thereof, the auditor shall 
ascertain the amount of the congressional township school 
revenue belonging to each city, town or township, and shall 
apportion the other school revenue, so as to equalize the 
amount of available school revenue for tuition to each city, 
town and township, as near as may be, according to the 
enumeration of children therein, and report the amount ap- 
portioned to the superintendent of public instruction, veri- 
fied by affidavit: Provided, however, That in no case shall 
the income of the congressional township school fund be- 
longing to any congressional township, or part of such town- 
ship, be diminished by such apportionment, or diverted or 
distributed to any other township: Be it also provided. 
That in making the said apportionment and distribution of 
the state tuition revenues apportioned to the county by the 
superintendent of public instruction, in case any school cor- 
poration shaJl not have expended for tuition purposes in 
any school year an amount as great as the amount of state 
tuition revenue apportioned and distributed to said corpo- 
ration by the auditor for said school year, then it shall be 
the duty of the auditor, at the first apportionment, after the 
annual report of the receipts and expenditures of said school 
corporation shall have been filed with the county commis- 
sioners, to deduct from the whole amount of state tuition 
revenue apportioned to said school corporation an amount 
equal to the dift'erence between the amount of state tuition 
revenue apportioned and distributed to said school corpora- 
tion for use in such school year, and th*e whole amount 
shown by such annual report to have been actually expend- 
ed for tuition purposes, and there shall be paid to the treas- 
urer of said school corporation the sum remaining after such 
amount shall have been deducted, and the county auditor 
shall include all such deductions in his report to the state 
superintendent of public instruction as tuition revenue col- 
lected in his county and ready for distribution at the next 
apportionment: Provided, That fimds arising from the 
local tuition tax shall not he considered in making the de- 



178 SCHOOL LAW OF INDIANA. 

ductions provided for in this section, nor included in the 
said report to the state superintendent of public instruction. 
Any neglect or failure of any auditor to comply with the 
provisions of this section of this act shall be and constitute 
a misdemeanor, and upon conviction of any such auditor 
of the violation thereof, he shall be fined in any sum not less 
than the amount of such unexpended balance nor more than 
double the amount thereof. (R. S. 1897. § 6189; R. S. 1901, 
§ 5973.) 

1. Method constitutional. This metliod of apportionmeut is ac- 
cording to the command of the constitution, and, perhaps, it requires the 
same principle to be applied to the distribution among the counties. — Quick 
V. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. 

2. Teacher's remedy. When a teacher obtains judgment against a 
school corporation, for services as such, and a return of execution thereon 
nulla bona, he may, by proper suit, obtain application of any school revenue 
in the county treasury belonging to such corporation to the payment of the 
judgment.— Trustees of the Town of JNIilford v. Simpson, 11 Ind. 520. 

3. TktjStee's liability. If tlie township trustee receives funds, under 
this section, which belong to a school town within the township, he may, 
after demand, be compelled, by mandate, to pay the amount to the town.— 
Johnson v. Smith, 64 Ind. 275. 

4. Rule for making apportionment. Auditors will find no trouble in 
adjusting the apportionment without the labor of giving in detail the spe- 
cific amount of each township's share of fbe two funds, if they will ascer- 
tain what the whole amount of the school revenues for the county, both 
common and congressional, will give each scholar on a per capita division, 
and then ascertain whether any township's congressional revenue will yield 
a larger dividend to its children. If any township thus has a larger per 
capita than that of the whole county from the combined revenues, exclude 
the children and congressional revenue of that township from the 
calculation, and distribute to the other corporations on the consolidation 
basis. An example may be presented, as follows : 

Congressional Tp. A — 300 children, $375 congres'nal revenue, $1.25 per capita 
" B— 200 " 1.50 " " 75 " " 

" C — 84 " 42 " " 50 " 

" D— 400 " 100 " " 25 " " 

" E— 250 

I'he last four townships have 934 childre]i, and $292 congressional 
revenue. The common school revenue of the county amounts to $875.50, 
which, added to the $292, will make $1,167.50. This will give the last four 
townships $3.25 per scholar, the same that A receives from her congressional 
revenue alone, in which case the same result is obtained with or without in- 
cluding A's children and revenue. But if the common school revenue were 



SCHOOL LAW OF INDIANA. 179 

only $828.S0, the last four townships would get only $1,120.80, or $1.20 per 
scholar. In this case A must receive the whole of her own revenue, which 
must not be diminished by any process of distribution ; and the remaining 
revenues must be distributed among the other corporations. 

•5. TOWK JNCOEPOKATED WITHIIST TOWNSHIP CuSTODt OF SCHOOL FUNDS. 

A distinct portion of a certain township of this state having become an in- 
corporated town, and elected school trustees, under the laws of the state, 
the trustee of such township, after the election, but before such school 
trustees had qualified, demanded and received of the county treasurer the 
school funds of the whole township, whereupon such school trustees, after 
qualifying, demanded of him the payment to their treasurer of the pro- 
portion of such school funds belonging such town, which he refused ; 
whereupon they filed an affidavit, reciting the foregoing facts, to compel him, 
by mandate, to pay over such moneys. It was decided that they were en- 
titled to recover.— ^John;^on v. Smith, 64 Ind. 275. 

6. Statute valid. The above section is constitutional. — State v. Math- 
ews, 150 Ind. 597. 

7. A township is not entitled to any of the school fund collected from 
the tax assessed under the general law so long as the interest on the con- 
gressional fund of such township alone amounts to more per capita than 
was left in the hands of the county auditor to apportion to other town- 
ships. — State V. Mathe\^s, 150 Ind. 597. 

[1865, S. p. 139. Approved and in force March 21, 1865.] 

214. Interest on sinking fund. 1. All interest accrued 
or accruing on the sinking fund, or any other fund, held by 
this state for the benefit of the common schools of this state, 
on and after the first day of January, one thousand eight 
hundred and sixty-live, is hereby set apart for distribution 
as other revenues are distributed, for the support of the 
common schools of this state. (R. S. 1881, §4487; R. S. 
1901, § 5974; R. S. 1897, § 6190.) 

[1897. p. 178. Approved March 6, 1897; in force April 14, 1897.] 

215. Surplus dog tax fund. 13. The trustee shall reg- 
ister all losses in the order in which they are reported: Pro-* 
vided, That no person shall receive pay for sheep, horses, 
cattle, swine or other live stock or fowls killed or maimed 
by any dog or dogs owned or harbored by himself: Pro- 
vided, further, That the dog fund heretofore collected shall 
be added to and applied with the fund arising under the 
provisions of this act. And when it shall so occur on the 

[12] 



180 SCHOOL LAW OF INDIANA. 

first Monday of March of any year in any township in the 
State of Indiana that said fund shall accumulate to an 
amount exceeding one hundred dollars over and above or- 
ders drawn on the same, the surplus aforesaid shall be paid 
and transferred to the county treasurer of the county in 
which such township is located and the fimd arising from 
such surplus from the township of the county shall consti- 
tute a county dog fund and shall be distributed among the 
townships of the county in which the orders drawn against 
the dog fund exceed the money on hand. This distribution 
shall be made on the second Monday in March of each year, 
and if said county dog fund be insufficient to pay for all the 
live stock or fowls maimed or killed by dogs of all the town- 
ships the distribution shall be made in the ratio of the or- 
ders drawn against the dog fund of the townships and un- 
paid and unprovided for, which ratio shall be obtained from 
the report of the trustees of the townships made to the au- 
ditor of the county which is hereby directed shall be made 
by each township trustee of the county upon the first Mon- 
day of March of each year, which report shall show all re- 
ceipts into the dog fund of his township, and all orders 
drawn against the same in the order in which they were 
drawn. And when i^- shall occur again upon the second 
Monday in March of any year that there is a surplus left 
of the county dog fund after provisions have been made for 
the paycnent for all the live stock or fowls killed or maimed, 
of all the townships of the courty, such surplus shall be dis- 
tributed for the schools of the county in the same manner 
the common school revenue of such county is distributed. 
(R. S. 1897, § 2910; E. S. 1901, § 2859.) 

1. Tov, KS AMU ciTfKS. A towQ 01' city within a township is entitled 
to its proportionate share of the surplus dog fund. — Taggart v. State, 142 
Ind. HGS (overruling School City of South Bend v. Jaquith, 90 Ind. 495) ; 
Maloy V. Madget, 47 Ind.- 241. See Flower v. State, 133 Ind. 453. 

2. Plow APPORTIONED. The county auditor makes the apportionment 
according to the provisions of section 213. 



SCHOOL LAW OF INDIANA. 



181 



Sec. 



CHAPTER XII. 

SCHOOLS IN CITIES AND TOWNS. 

Sec 



216. 


Bonds for school buildings. 


231. 


Repeal. 


217. 


Use of proceeds. 


232. 


Towns — Funds for buildings — Bonds. 


218. 


Special tax. 


233. 


Refunding bonds. 


219. 


Condition for building . 


234. 


Trustees' bonds. 


220. 


Surplus special school revenue. 


235. 


Sale of property. 


221. 


Bonds and notes, cities and towns may 


236. 


Special tax. 




issue. 


237. 


Surplus special revenue. 


222. 


Tax to pay bonds and notes. 


238. 


Repeal. 


223 


Trustees give bond. 


239. 


Trustees — Bonds for building purposes 


224. 


Additional bond issue — Schools. 


240 


Sale — Bond for proper use of funds. 


225. 


Cities — Second class — Bonds for school 


241. 


Special tax. 




buildings. 


242. 


Surplus special school revenue. 


226. 


Bonds in series — Time. 


243. 


Repeal. 


227. 


Tax for bond redemption. 


244. 


Township business — Indebtedness — 


228. 


Repeal. 




Issue of bonds. 


229. 


Cities or towns — Bonds. 


245. 


Duties of advisory board. 


230. 


Tax levy. 







[1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

216. Bonds for school baildings. 1. Any city or incor- 
porated town in this state which shall, by the action of its 
school trustees have purchased any ground and building or 
buildings; or may hereafter purchase any ground and 
building or buildings; or has commenced, or may here- 
after commence, the erection of any building or build- 
ings for school purposes; or which shall have, by its 
school trustees, contracted any debts for the erection of 
such building or buildings, or the purchase of such ground 
and building or buildings; or such trustee shall not have 
the necessary means with which to complete such building 
or buildings, or to pay for the purchase of such ground 
and building or buildings, or pay. such debt, may, on the 
filing by the school trustees of said city or town of a report, 
under oath, with the common council of such city, or the 
board of trustees of such town, showing the estimated or 
actual cost of any such ground and building or buildings, 
or the amount required to complete such building or build- 
ings, or purchase such ground and building or buildings, or 
the amount of such debt, on the passage of an ordinance 



182 SCHOOL LAW OF INDIANA. 

authorizing the same by the common council of said city 
or the board of trustees of such town, issue the bonds of 
such city or town to an amount not exceeding in the ag- 
gregate fifty thousand dollars, in denominations not less 
than one hundred nor more than one thousand dollars and 
payable at any place that may be designated in the bonds 
(the principal in not less than one year nor more than twen- 
ty years after the date of such bonds, and the interest an- 
nually or semi-annually, as may be therein provided) to 
provide the means with which to complete such building or 
buildings, and to pay for the purchase of such ground and 
building or buildings, and to pay such debt. Such common 
council or board of trustees may, from time to time, nego- 
tiate and sell as many of such bonds as may be necessary 
for such purpose, in any place and for the best price that 
can be obtained therefor in cash: Provided, That such 
bonds shall not be sold at a price less than ninety-four cents 
on the dollar. (R. S. 1881, § 4488; U. S. 1901, § 5975; E. S. 
1897, § 6191.) 

1. Coj-Vteact foe ground. Under this section the bonds may be issued 
although the trustee has only contracted for the grounds or buildings. — 
Williams v. Town of Albion, 58 Ind. 329. 

2. Valid. The above section is constitutional. — Clark v. Town of 
NoblosvilJe, 44 Ind. 83 ; Gardner v. Haney. 86 Ind. 17. 

3. Location of schooi. peox'eety. As a rule, the school grounds and 
houses should be located Avithin the school corporation that owns them ; but 
the bonds of such corporation, negotiated and sold to procure means for the 
erection and completion of such school hoiises, are not void merely because 
they are located withoui the limits of the corporation. — Gardner v. Haney, 
86 Ind. J 7. 

4. TiTZ.E TO SCHOOL PKOPERTY — CONTROL OP. As*to the title and con- 
trol of school property three cases arise under the law prior to the act of 
1893 : 

(i) When the school house is within the limits of the township the 
title is in the school township, and the township trustee controls and may 
sell. 

(2) "When the school house is situated within territory which is aft- 
erward incorporated into a town, then the title vests in the town, and the 
property is controlled by the school trustees of the town. — Carson v. State, 
27 Ind. 465 ; School Town of Leesburgh v. Flain School Tp., 86 Ind. 582 ; 
Scliool Tp. of Allen v. School Town of Macy, 309 Ind. 559. 

(3) When the school house is located on territory which is taken into 



SCHOOL LAW OF INDIANA. 



183 



a city by addition, then the township trustee controls and sells, and credits 
the special school fund with the amount of the sale. — Heizer v. Yohn, 37 
Ind. 415 ; Reckert v. City of Peru, 60 Ind. 473. 

5. Petition not necessary. A petition of the taxpayers to the board 
of trustees or the common council is not necessary to enable the board to 
levy a tax to complete school buildings. — Clark v. Town of Noblesville, 44 
Ind. S3. 

6. Can not be enjoined. When the school trustees have complied 
with the law (section 2.19) by filing with tlie town board or common coun- 
cil a verified report, showing that, as such school trustees, they have con- 
tracted for the purchase of real estate on which to erect school buildings, 
and showing the amount of the debt incurred for such realty, and the esti- 
mated cost of such buildings, and asking the issuance of bonds, such board 
or common council may, by ordinance, authorize the issue and sale of bonds 
of such city, equal in amount to the cost of such real estate and the esti- 
mated cost of such buildings, and such board or common council can not 
be enjoined from so doing. — Williams v. .Town of Albion, 58 Ind. 329. 

7. County seminary. The school city alone can bind itself on an 
obligation given for the purchase of a school building. — State v. Terre 
Haute, 87 Ind. 212. 

8. Bonds for certain towns and cities. An act of 1901, p. 573, con- 
cerning the issuance of bonds in towns of a population, according to the 
census of 1900, not less' than 2.840 nor more than 2,850, applies only to 
Boonville. It is, because of its special character, not inserted in this work — 
Acts 1901, p. 573. For Salem, see acts 1901, p. 346; Portland, acts 1901, p. 
578; Sullivan, acts 1901. p. 575; North Vernon, acts 1903, p. 13; Frankfort, 
acts 1003, p. 239; Bedford, acts 1903, p. 335; Rushville, acts 1903, p. 347; 
Arcadia, acts 190-3, p. 530; East Chicago, acts 1903, p. 533; Martinsville, 
acts 1903, p. 538 ; and Alexandria, acts 1903, p. 415. 

217. Use of proceeeds. 2. The proceeds of the sales of 
such bonds shall be paid to the said school trustees, to en- 
able them to erect or- complete snch building or buildings 
and pay such debt. But before payment to them, such 
school trustees shall file with the county auditor a bond, 
payable to the state of Indiana, in a sum not less than the 
full amount of the said money so to be paid to them, and 
with security to be approved by said auditor, conditioned 
for the faithful and honest application of such money to the 
purpose for which the same was provided; and such trus- 
tees, and their surety or sureties, shall be liable to suit on 
such bond for any waste, misapplication, or loss of such 
money in the same manner as now provided for waste or 



184 SCHOOL LAW OF INDIANA. 

loss of school revenue. (B. S. 1889, § 4489; R. S. 1901, 
§5976;R. S. 1897, § 6192.) 

1. Failuke to give bond. If tbe trustees neglect or fail to give a bond, 
as required by this section, the treasurer and his sureties vpill be liable 
on the bond he was required to give under section 123, for all the funds 
arising from a sale of school bonds that he receives. — Hogue v. State, 29 
Ind. App. 621. 

[1875, p. 29. Approved and in force March 11, 1875.] 

218. Special tax. 3. In addition to levying the tax by 
cities or incorporated towns for general purposes, now au- 
thorized by law, the common council of any such cities, and 
boards of trustees of any such incorporated towns as shall 
avail themselves of the provisions of this act, are hereby 
authorized and' required to levy, annually, a special addi- 
tional tax, at the same time and in the same manner as 
other taxes of such city or town are levied, sufficient to pay 
the interest and principal of said bonds falling due; which 
additional special tax shall be assessed and collected as the 
taxes for state and county revenue are assessed and col- 
lected. The treasurer of said city or town shall keep ac- 
curate account of the revenue arising from said special tax, 
and shall in his reports, when required by the city or town 
authorities, show the amount thereof received, the amount 
disbursed, and the amount thereof, if any, remaining delin- 
quent. He shall pay out the same only by the authority of 
the common council of said city or board of trustees of such 
town; and shall permit the same to be applied to no other 
purpose than the payment of the principal and interest of 
such bonds; and official bonds of city and town treasurers 
shall be construed to cover and include revenue arising from 
this source. Persons residing outside of any such city or 
town, and electing to be transferred to such town or city for 
educational TJurposes, or who shall send their children to 
the school taught in any such building, shall, with their 
property, be liable to such tax, as if they resided in such 
city or town, on all property owned by said person in the 
township where such city or town is located: Provided, al- 



SCHOOL LAW OF INDIANA. 



185 



ways, That nothing in this act shall be construed to prevent 
the school trustees of such town or city from admitting pu- 
pils into such schools from outside such city or town, in 
their discretion, upon the payment of tuition therefor, and 
without subjecting the property of their parents to such 
taxation, when such schools are not crowded and their ad- 
mission shall, in no way, interfere with the progress of the 
children within such city or town : Provided, further. That 
the additional special tax, hereby authorized, shall not, in 
any one year, exceed fifty cents on any one hundred dollars 
of taxable property and one dollar on each poll. (R. S. 
1881, § 4490; E. S. i894,§ 5977; E. S. 1897, § 6193.) 

1. Section coin stitutional The provision subjecting to this tax per- 
sons residing outside tiie town or city, who, though not transferred, send 
to the school iu the building for which the bonds were issued, is not un- 
constitutional. — Kent V. Kentland, 62 ind. 291. 

2. Levy (jbllgatosy. It is the duty of trustees to levy annually a 
special additional tax sufficient to pay the interest and principal of bonds 
issued for school buildings and falling due ; and where it appears that they 
have failed, neglected and refused to discharge their statutory duty, a writ 
of mandate is the proper legal remedy. — Gardner v. Hauey, 86 Ind. 17. 

[1879, S. p. 76. Approved and in force March 20, 1879.] 

219. Condition before building. 1. Before the school 
trustees of any incorporated town or city in this state shall 
purchase any ground for school purposes, or enter into any 
contract for the building of any school building or build- 
ings, they shall file a statement with the trustees of such in- 
corporated town, or common council of such city, showing 
the necessity for such purchase of ground, or the erection 
of such building or buildings, together with an estimate of 
the cost of such ground or building or buildings, and the 
amount of means necessary to be provided to pay for such 
ground or building or buildings. And they shall not pur- 
chase any ground or enter into any contract for the build- 
ing of any school building or buildings, until such action 
be approved by the trustees of such incorporated town, or 
by the common council of such city: Provided, however. 
That there shall be nothing in this act so construed as to 



186 SCHOOL LAW OF INDIANA. 

affect any purchase of grounds, or contract made for the 
erection of any building or buildings for school purposes, 
prior to the taking effect of this act. (R. S. 1881, § 4491; 
R. S. 1894, § 5978; R. S. 1897, § 6195.) 

[1879, S. p. 96. Approved March 31, 1879. In force May 30, 1879.] 

220. Surplus special school revenue. 1. It shall be the 
duty of the board of school trustees of any city or incorpo- 
rated town in this state to pay over to the common council 
or board of school trustees of such city or town any surplus 
special school revenue in the hands of such school trustees, 
not necessary to meet current expenses; such excess of the 
revenue aforesaid to be applied for the payment of the in- 
terest or principal, or both, of any indebtedness incurred 
under the provisions of the act of March 8, 1873, authorizing 
cities and incorporated towns to negotiate and sell bonds to 
procure means to erect and complete untinished school 
buildings, and to purchase any ground and building for 
school purposes, and to pay debts contracted for the erec- 
tion and purchase of buildings and grounds. . (R. S. 1881, 
§ 4492; R. S. 1894, § 5979; R. S. 1897, § 6195.) 

[1903. p. 350. Approved and in force March 9, 1903.} 

221. Bonds and notes, cities and towns may issue. 1. 
In all cities of the state of Indiana which are incorporated 
under the general laws of the state, and in incorporated 
towns of this state, the boards of school trustees in such 
city or incorporated town are hereby authorized and em- 
powered to borrow money and to issue the bonds or notes of 
such school city or school town, such bonds or notes to 
bear interest at a rate not exceeding five per centum per 
annum, and payable at such times within ten years from 
date as such school board may determine. The money ob- 
tained as a loan on such bonds or notes shall be disbursed 
by order of such board in payment of expenses incurred in 
buying grounds, building school houses or in making re- 
pairs on school building's heretofore erected for such school 



SCHOOL LAW OF INDLA-NA. 



187 



city or town, and for no other use or purpose whatsoever. 
Before any such debt is incurred, such school officers shall 
give notice by publication for three consecutive weeks in 
some newspaper published in such city or town, and if none 
be so published, then in some newspaper of general circula- 
tion in such [county] city or town, or by posting such no- 
tices in five public places in such city or town for three 
weeks, which notices shall state the aggregate debt pro- 
posed to be incurred, the location of real estate, if it be pro- 
posed to buy real estate ; the character and size of the build- 
ing to be erected, and the nature of the improvement pro- 
posed: Provided, That if the aggregate debt proposed to be 
created exceeds three-fourths of one per centum of the tax- 
able property of such city or incorporated town, as ascer- 
tained by the last preceding assessment for state and county 
taxes, then such fact shall be certified by said school offi- 
cers to the common council of such city or the board of 
trustees of such town, and such common council or board of 
trustees shall at once cause the question, ''Shall such school 
debt be incurred," to be submitted to the electors of such 
city or town. The form of the ballot shall be "For the 
school debt;" "Against the school debt." The notices of 
the election shall state, among other things, the aggregate 
amount of the debt proposed to be incurred. Such question 
may be submitted at either a regular or a special election, 
and shall "in all things be governed by the general law for 
such elections. All expense of such election shall be paid 
by such city or town. The result of such election, as soon 
as determined, shall be certified by the town trustees or the 
common council to the proper school officers; and if a ma- 
jority of these voting are against incurring 'such school 
debt, the school trustees shall have no power to make such 
contract or incur such debt: Provided, further, That no 
Board of Trustees shall create any indebtedness exceeding 
two per centum of the taxable property of such city or town, 
as ascertained by the last assessment for state and county 
taxes previous to the incurring of the said indebtedness: 



188 SCHOOL LAW OF INDIANA. 

And provided, further, That said bonds or notes shall not 
be sold at a less rate than one hundred cents on the one 
dollar. 

1. Note. This section does not repeal section 216. 

222. Tax to pay bonds and notes. 2. For the purpose 
of paying said bonds or notes issued as provided in the fore- 
going section, said school trustees are hereby empowered 
to levy annually a tax not to exceed twenty-five cents in any 
one year on each one hundred dollars of the taxable prop- 
erty of such city of town as ascertained by the proper as- 
sessing officers, and one dollar on each taxable poll: Pro- 
vided, That the revenue derived from such levy shall be 
used only in payment of the principal and interest of said 
notes or bonded indebtedness. A-uy surjjlus remaining after 
the payment of said indebtedness shall be covered into the 
special school revenues of such school city or towm. 

223. Trustees give bond. 3. Before an}'^ board of 
school trustees shall sell or negotiate any of the notes or 
bonds herein provided for, such board of trustees shall file 
with the county auditor in which such city or town is sit- 
uate, a bond payable to the state of Indiana, in a sum not 
less than the face value of such notes and bonds so to be 
sold, with security to be approved by the auditor, condi- 
tioned for the faithful and honest application of all such 
moneys to the purposes specified in this act. 

[1907, p. 426. Approved and in force March 9, 1907.] 

224. Additional bond issue — Schools. 4. After bonds 
or notes shall have been issued under this act any board of 
trustees of any school city or town in this state is hereby 
authorized and empowered to borrow money and issue its 
bonds or notes in any additional sum, not exceeding, includ- 
ing all issues, two per centum of the taxable property of 
such city or town, for like purposes as provided in section 1 
of this act. Such additional issue of bonds or notes up to 



SCHOOL LAW OF INDIANA. 189 

one and one-qnarter per centnm of the taxable property of 
• such city or town, including all former issues, may be made 
without being certified to the common council of such city 
or the- board of trustees of such town to be submitted to the 
electors of such city or town. This act shall not be con- 
strued to repeal any law of this state which authorizes 
school trustees of such cities or incorporated towns to levy 
taxes for school purposes and all parts of the general laws 
of this state not inconsistent herewith and which may be 
applicable to the general system as [of] common schools in 
such cities or towns shall be in full force and effect. 

[1907, p 164. Approved and in force March 5, 1907.] 

225. Cities — Second class — Bonds for school buildings. 

1. The board of trustees of the school corporation in 
any city of the second class in this state is hereby author- 
ized and empowered to issue, negotiate and sell bonds of 
such school city or corporation in such sums and denomina- 
tions as such board may deem advisable, to realize money 
for school uses and purposes; to purchase real estate; to 
erect buildings and suitably equip them for use for school 
purposes, including the cost of lighting, heating and sanita- 
tion. Also for the purpose of paying any sums due for 
buildings already erected. Also to fund and pay any ex- 
isting indebtedness of such school city or corporation. 
Such bonds shall be known as school funding and improve- 
ment bonds. They shall bear interest at the rate not ex- 
ceeding four (4) per cent, per annum, payable semi-annual- 
ly, and shall be sold at not less than par, and shall mature 
not later than ten years from the date of their issue. Such 
bonds may be issued from time to time as the needs of 
such school city or coporation shall require: Provided, 
That not more than one hundred and fifty thousand dollars 
($150,000.00) of such bonds shall be in existence at any 
one time. No bonds shall be issued until the money there- 
for is paid to the treasurer of such board, and interest 
thereon shall begin to accrue at the time of the delivery 



190 SCHOOL LAW OF INDIANA. 

thereof. Preparatory to offering such bonds for sale, the 
board of school trustees shall give notice for not less than 
four (4) weeks, of the date fixed for the sale of such bonds, 
together with a description of such bonds, and of such offer, 
and invite bids therefor. Such notice shall be given by ad- 
vertisements once each week in at least one newspaper pub- 
lished in such school city or corporation, and such other ad- 
vertisements as the board may make. Said board shall 
sell such bonds to the highest or best bidder; but shall have 
the right to reject any and all bids. 

226. Bonds in series — Time. 2. Said bonds shall be is- 
sued in a series so that a portion thereof shall fall due each 
year from and after the date of issuance thereof. The full 
time for which said bonds shall run shall be ten years from 
date of issue. One-tenth thereof shall fall due each year, 
which portion then falling due, together with interest there- 
on, shall be paid and cancelled. 

227. Tax for bond redemption. 3. At the time of the 
levying of taxes first succeeding the issue of such bonds, the 
school trustees of such school city or corporation shall have 
the right, in addition to other taxes which they are now 
authorized to levy, to levy a tax sufficient to meet the 
amount of principal and. interest of said bonds first falling 
due, and thereafter to levy each year a tax to meet such 
portion of said bonds, together with interest thereon, as 
shall each year fall due: Provided, That such levy shall 
not for any year exceed eight cents on each one hundred 
dollars of taxable property of such school city or cor- 
poration. 

228. Repeal. 4. All laws and parts of laws in conflict 
herewith are hereby repealed ; but this law shall not affect 
any bonds heretofore issued under any law in force at the 
time they were issued, nor shall it affect any law applying 
to any cities or corporations than those of cities of the sec- 
ond class. 



SCHOOL LAW OF INDIAWA. 191 

[1907, p. 569. Approved March 12, 1907. In force April 10, 1907.] 

229. Cities or towns — Bonds. 1. In all cities of the 
State of Indiana which are incorporated nnder the general 
laws of the state, and in all incorporated towns of this state, 
when the school cit7 or school town of any such city or in- 
corporated town is indebted, at the time of the passage of 
this act, which indebtedness is evidenced by bonds, notes or 
other obligations heretofore issued or negotiated by any 
such school city or school town, for the purpose of funding 
or refunding such indebtedness or any part thereof, reduc- 
ing the rate of interest thereon, extending the time of pay- 
ment thereof, and cancelling so much thereof as may be due 
or which shall become due, the board of school trustees of 
any school city or school town, in such cities or incorpo- 
rated towns, are hereby authorized to issue the bonds of 
such school city or school town,, with interest coupons at- 
tached, for an amount not exceeding in the aggregate the 
whole amount of the indebtedness of such school city or 
school town, which bonds may be in any denomination not 
less than fifty ($50.00) dollars nor more than one thousand 
($1,000.00) dollars, and shall be payable at any place 
named therein and at a time not later than twenty-five 
years from the date thereof, and shall bear any rate of in- 
terest not exceeding four per cent, per annum, payable an- 
nually or sem-annually, and such board of school trustees 
of any such school city or school town may negotiate such 
bonds at any market or place at not less than par : Pro- 
vided, That this act shall not be construed as authorizing 
and empowering trustees of such school cities or school 
towns to issue funding or refunding bonds for any indebt- 
edness that may be created after the taking effect of this 
act. 

230. Tax levy. 2. For the purpose of paying bonds is- 
sued as provided in the foregoing section, the board of 
school trustees of any such school city or school town shall 
add to the tax duplicates thereof, annually, a levy sufficient 



192 SCHOOL LAW OF INDIANA. 

to pay all yearly interest on said bonds and may provide a 
sinking fund for the liquidation of the principal thereof 
when it shall become due, which sinking fund, together wth 
the interest, increase or profit thereon, shall be applied to 
the payment of said bonds and to no other purpose. 

231. Repeal. 3. All laws and parts of laws in conflict 
with the provisions of this act are hereby repealed. 

[1907, p. 676. Approved and in force March 12, 1907. 

232. Towns — Funds for buildings — Bonds. 1. The 

board of school trustees of any incorporated town having 
a population of not more than 2,000, according to the last 
preceding United States census, when it shall be found nec- 
essary for the proper accommodation of its schools to pur- 
chase a site and erect buildings thereon for school purposes 
and when such school trustees shall not have sufficient 
funds of such school town for such purposes, may on the 
filing of a report under oath with the board of trustees of 
the town in which such school corporation is situated, 
showing the actual or estimated amount required to pay 
for such ground and buildings and on passing of a resolu- 
tion approving the same by said board of trustees, issue 
the bonds or notes of such school town to an amount not 
exceeding in the aggregate $6,000 in denominations of not 
less than $100 payable at any place designated by such 
school trustees, the principal to become due and payable 
in annual installments as nearly equal as possible and run- 
ning such length of time not exceeding 15 years, as the 
board of school trustees deem best, from the date of such 
bonds or notes, and the interest annually or semi-annually, 
as may be therein provided, not to exceed six per cent, per 
annum, to provide means with which to purchase such site 
and erect such school buildings. Such board of school trus- 
tees may, from time to time negotiate and sell as many of 
such bonds or notes as may be necessary for such purpose 
in any place and for the best price that can be obtained 



SCHOOL LAW OF INTHANA. 193 

therefor in cash : Provided, That such bonds or notes shall 
not be sold for less than their par value. Such bonds or 
notes shall be the debt of the school town for the benefit 
of which they are issued, and such school town shall as- 
sume and pay and be solely liable for the payment of such 
bonds or notes. 

233. Refunding" bonds. 2. In all cases where bonds or 
notes have been issued for the purposes stated in section 
1 of this act, by the board of school trustees of any such 
town in this state, the board of school trustees of the school 
town located in such town are hereby authorized and em- 
powered to refund said notes or bonds by issuing in lieu 
thereof the bonds or notes of such school town : Provided, 
That the consent of the board of trustees of such town 
shall be first given thereto by resolution. Such refund- 
ing bonds or notes shall be issued and sold on the same 
terms and subject to the same restrictions and conditions 
as herein provided for the original issue of bonds or notes. 

234. Trustees' bond. 3. Before any board of school 
trustees shall sell any of the bonds or notes provided for 
in sections 1 and 2 of this act, such board of school trus- 
tees shall file with the county auditor a bond payable to 
the state of Indiana in a sum not less than the face value 
of the bonds or notes so to be sold, with security to be 
approved by the auditor, conditioned for the faithful and 
honest application of such money to the purpose for which 
the same is provided, and such board of school trustees and 
their sureties shall be liable to a suit on such bond for any 
waste, misappropriation or loss of such money, as is now 
provided for waste or loss of school revenue. 

235. Sale of property. 4. Such board of school trustees 
may sell school property in accordance with the provision 
of law, and apply the proceeds of such sale to the increase 
of the fund provided for in section 1 of this act, and such 
increase shall be used only for the purpose contemplated 



194 SCHOOL LAW OF INDIAlSrA. 

in such section in the purchase of a site and the erection 
thereon of school buildings. Nothing in this act shall be 
deemed to prevent or prohibit the funds of any township 
in which any such town is situated from being applied in 
conjunction with the funds of such school town herebe- 
fore provided for in section 1 and for the purpose herein 
set forth, under such agreement as to construction and 
use of such school buildings as may be determined upon 
by such school authorities of the town and township : Pro- 
vided, That any building so constructed shall be located 
within the limits of such incorporated town. 

236. Special Tax. 5. In addition to levying the special 
tax for special school revenue now authorized by law, the 
board of school trustees of any such town as shall have 
availed themselves of the provisions of this act, are hereby 
authorized to levy annually a special additional tax, at the 
same time and in the same manner as other school taxes of 
such towns are levied, for the purpose of paying the inter- 
est on said bonds or notes and principal falling due, which 
additional special tax shall be assessed and collected as the 
taxes for state and county revenue are assessed and col- 
lected, and the official bond of the treasurer of such board 
of school trustees shall be construed to cover and include 
revenue arising from this source : Provided, That the ad- 
ditional special tax hereby authorized shall not in any one 
year exceed fifty cents on any one hundred dollars of tax- 
able property and one dollar on each taxable poll. 

237. Surplus special revenue. 6. It shall be the duty 
of the board of school trustees of such towns in this state 
to apply any surplus special school revenue in their hands, 
not necessary to meet current expenses, for the payment 
of the interest or principal, or both, of any indebtedness 
incurred under the provisions of this act. 

238. Repeal. 7. All laws and parts of laws in conflict 
with the provisions of this act are hereby repealed. 



SCHOOL LAW OF INDIANA. 



[1907, p. 655. Approved and in force March 12, 1907.] 



195 



239. Trustees — Bonds for building purposes. 1. The 
board of school trustees of any incorporated town or city 
having a population of less than five thousand (5,000), as 
shown by the last preceding United States census, which 
shall have purchased ground for the erection of any build- 
ing or buildings for school purposes, or which shall have 
contracted any debts for the erection or repair of such 
building or buildings, and which shall not have the neces- 
sary means with which to erect such building or buildings, 
or to pay such debt, may, on the filing of a report under 
oath, with the board of trustees of the incorporated town 
or the common council of the city in which such school 
corporation is located, showing the actual or estimated 
amount required to erect such building or buildings, or the 
amount of such debt, on the passage of a resolution ap- 
proving the same by the board of trustees of such town or 
common council of such city, may issue the bonds of such 
school town to an amount not exceeding in the aggregate 
forty thousand dollars ($40,000.00) in denominations not 
exceeding one hundred (100) nor more than one thousand 
dollars ($1,000.00), said bonds not to exceed five per cent, 
interest, and payable at any place that may be designated 
in such bonds, the principal in not less than ten years nor 
more than twenty-four years from the date of such bonds, 
and the interest annually or semi-annually, as may be 
therein provided, to provide means to erect such building 
or buildings or to pay such debt. Such board of school 
trustees may from time to time negotiate and sell as many 
of such bonds as may be necessary for such purpose in 
any place and for the price that can be obtained therefor 
in cash: Provided, That such bonds shall not be sold for 
less than their par value. 

240. Sale — Bond for proper use of funds. 2. Before 
any board of school trustees shall sell any of the bonds 
provided for in section 1 of this act such board of school 
trustees shall file with the county auditor a bond payable 

[13] 



196 SCHOOL LAW OF INDIANA. 

to the state of Indiana in a sum not less than the face valne 
of the bonds so to be sold, with security to be approved by 
the auditor, conditioned for the faithful and honest applica- 
tion of such money to the purpose for which the same is 
provided, and such board of school trustees and their sure- 
ties shall be liable to a suit on such bond for any waste, 
misapplication or loss of such money as is now provided 
for waste or loss of school revenue. 

241. Special tax. 3. In addition to levying the special 
tax for special school revenue, now authorized by law, the 
board of school trustees of any such towns or cities as shall 
have availed themselves of the provisions of this act are 
hereby authorized and required to levy annually a special 
additional tax at the same time and in the same manner as 
other school taxes of such towns or cities are levied, suffi- 
cient to pay the interest and principal of said bonds falling 
due, which additional special tax shall be assessed and col- 
lected as the taxes for state and county revenue are as- 
sessed and collected. The treasurer of said board of school 
trustees shall keep an accurate account of the revenue aris- 
ing from said additional special tax and shall permit the 
same to be applied to no other purpose than the payment 
of the interest and principal of such bonds, and at the end 
of such school year the treasurer of such board of school 
trustees shall file with the board of trustees of the incor- 
porated town or common council of such city in which such 
school corporation is located his sworn report as to such 
funds, showing the amount received by him, the amount paid 
out, when the same was paid, to whom and for what pur- 
pose it was paid, and the amount thereof, if any remaining 
in his hands, and if there be remaining in his hands an 
amount equal to or exceeding one cent on each one hundred 
dollars of taxable property of such town, the same shall be 
taken into accoun-t in making the levy for the ensuing year, 
and the official bond of the treasurer of such board of 
school trustees shall be construed to cover and include 
revenue arising from this source: Provided, That the 



SCHOOL LAW OF INDIANA. 



197 



additional special tax levy hereby authorized shall not in 
any one year exceed fifty cents on any one hundred dollars 
:. " taxable property and one dollar on each poll. 

24/i. Surplus special school revenue. 4. It shall be the 
duty of the boards of school trustees of such incorporated 
to.wns or citie.^ in this state to apply any surplus special 
school revenue in their hands not necessary to meet the cur- 
rent expenses foi the payment of the interest or principal 
or both, of any indv'^btedness incurred under the provisions 
of this act. 

243. Repeal. 5. All laws and parts of laws in conflict 
with the provisions of this act are hereby repealed. 

[1905, p. 33. Approved February 23, 1905. In force April 15.1905.] 

244. Township business — Indebtedness — Issue of bonds. 
1. Any township in this state, being indebted to an amount 
beyond the ability of the current taxes to meet, and which 
indebtedness is evidenced by bonds, notes or other obliga- 
tions heretofore issued or negotiated by such township, 
may for the purpose of funding or refunding such indebted- 
ness or any part thereof, reducing the rate of interest 
thereon, extending the thiie of payment thereof and can- 
celing so much thereof as may be due, or which shall here- 
after become due, upon the vote of all the members of the 
advisory board of such township, together with the ap- 
proval of the township trustee of such township, issue its 
bonds, with interest coupons attached, for an amount not 
exceeding in the aggregate the amount of such indebtedness 
of such township, which bonds may be of any denomina- 
tion not less than fifty dollars and not more than one thou- 
sand dollars, and shall be payable at any place named there- 
in in equal annual installments, not exceeding in all the 
period of fifteen years, and shall bear any rate of interest 
not exceeding six per cent, per annum, payable semi-annu- 
ally, evidenced by coupons attached to such bonds, and may 



198 SCHOOL LAW OF INDIANA. 

be negotiated at not less than par. The amount of such" 
bonds in no event to exceed the constitutional limit of in- 
debtedness. 

245. Duties of advisory board. 2. The advisory board 
of such township shall add to the tax duplicate thereof 
annually a levy sufficient to pay the yearly interest on said 
bonds and provide a fund for the liquidation of the prin- 
cipal thereof as they become due, and it shall be unlawful 
for the township trustee or advisory board to apply the 
funds arising from such levy to any other purpose. 



SCHOOL LAW OF INDIAITA. 199 

CHAPTEE XIII. 

SCHOOIi SYSTEM IN LARGE CITIES. 
(See Section 255 and following.) 



Sec. 

246. School system. 

247. School districts . 

248. Organization — Term — Vacancies. 

249. Duties and powers. 

250. Tax collectors and payments. 



Sec. 

251. Sessions — Records — No pay. 

252. General school law in force. 

253. Temporary loans. 

254. Bonds in cities. 



[1871, p. 20. Approved and in force March 3, 1871.] 

246. School system. 1. In all cities of this state of 
thirty thousand or more inhabitants, according to the 
United States census for the year eighteen hundred and 
seventy, there shall be elected, by the qualified electors of 
each school district of such city, one school commissioner 
to serve as a member of the board of school commission- 
ers of such city. The first regular election for school com- 
missioners, under this act, shall be held on the second Sat- 
urday in Jun*e, in the year eighteen hundred and seventy- 
one, at the places to be fixed on for holding such election 
in the school districts of such city by the common council. 
All elections for school commissioners shall be held in the 
same manner as elections are now held, and shall be gov- 
erned by the same laws that now govern general and mun- 
icipal elections. The persons declared elected shall have 
issued to them, by the city clerk, certificates of election; 
and they shall, within ten days thereafter, take an oath of 
office, and file the same with the city clerk. All regular 
elections for school commissioners shall, thereafter, be 
held annually, on the second Saturday in June. (R. S. 
1881, § 4457; R. S. .1901, § 5936; R. S. 1897, § 6157.) 

1. Repealed. The abo^e section and the -next six are probably re- 
pealed by the act of lS9iJ, l)eginning with section 255. 

2. Legality. In view .of the decision rendered in the case of Camp- 
bell V. City of Indianapolis, 155 Ind. 186, same case, 57 N. E, Rep. 920, it 
may be well doubted if this act of March 3, 1871, is constitutional ; but all 
bonds issued according to the provisions of this act were rendered valid 
by the act of 1899 (acts 1899, p. 434), which follows in chapter XIII. 



200 SCHOOL LAW OF INDIANA. 

247. School districts. 2. It, is hereby made the duty of 
the common council of any such city, on or before the first 
Monday in May, 1871, by ordinance, to district the city into 
as many school districts as there are wards, and to define 
the boundaries of each district, and such boundaries may be 
the present ward boundaries, or otherwise, as the common 
council may determine. Such school districts shall, how- 
ever, be subject to change by the board of school commis- 
sioners at any time after its organization; and in case the 
number of districts is increased, each additional district 
shall be entitled to elect one school commissioner for such 
district at the annual election for school commissioners. 
The common council shall, at the time such ordinance is 
adopted creating such districts, order an election to be held 
in each of such districts for school commissioners thereof, 
on the second Saturday in June following; and shall direct 
the city clerk to give ten days ' notice thereof in some daily 
newspaper of such city. (R. S. 1881, § 4458; R. S. 1901, 
§ 5937; R. S. 1897, § 6158.) 

248. Organization — Term — Vacancies. 3. On the first 
Monday in July following the first election of school com- 
missioners herein provided for, such school commissioners 
shall assemble at the office of the board of school trustees 
of such city, and proceed to organize the board of school 
commissioners of such city by electing one of their number 
as a president, one of their number as a treasurer, and one 
of their number as a secretary ; each of which officers shall 
serve for one year and until his successor is elected and 
qualified. The members of such board of school commis- 
sioners shall then determine, by lot, which three of their 
number shall hold office for three years, and which three 
shall hold office for two years ; and, after having so deter- 
mined, the president of the board shall issue to the persons 
so determined certificates entitling them to hold office for 
the terms respectively allotted; and the remaining mem- 
bers shall receive, from the president of the board, certifi- 
cates showing that each is entitled to hold office for one 



SCHOOL LAW OF IISTDIANA. 



201 



year; and all persons elected as school commissioners "at 
the annual elections thereafter shall be entitled to hold 
office for three years each. All vacancies occurring at any 
time prior to the annual election shall be tilled by a ballot 
vote of a majority of the members of such board; and the 
persons so elected to fill such vacancies shall serve until 
the next annual election for school commissioners. All per- 
sons elected at any regular annual election, or by the board 
to fill any vacancy, shall serve until their successors are 
elected and qualified. It is hereby made the duty of the 
board of school trustees in office at the time of the organiza- 
tion of the board of school commissioners, to at once turn 
over to the board of school commissioners all books and 
papers pertaining to their trust, and to place in possession 
of the board of school commissioners all moneys, title 
papers, and property belonging to the school trustees of 
common schools of such city ; and such board of school trus- 
tees shall thereafter cease to perform any and all duties 
whatever connected with the schools of such city. (R. S. 
1881, § 4459; R. S. 1901, § 5938; R. S. 1897, § 6159.) 

249. Duties and powers. 4. Such board of school com- 
missioners is hereby authorized — 

First. To district the city for the purpose of electing 
school commissioners therein, and also to subdivide tlie city 
for general school purposes. 

Second. To levy all taxes for the support of the schools 
within such city, including such taxes as may be required 
for .paying teachers, in addition to the taxes now authorized 
to be levied by the general assembly of this state by the 
general laws thereof: Provided, No such tax levy, in any 
one year, shall exceed the sum of twenty-five cents on each 
one hundred dollars of the taxable property, as assessed 
for city taxes by the city assessor, for purchasing grounds, 
building school houses, and furnishing supplies for such 
buildings; or twenty-five cents on each one hundred dol- 
lars of such taxable property, for the purpose of paying 
teachers. 



202 SCHOOL LAW OF INDIANA. 

Third. To levy a tax, each year, of not exceeding one- 
fifth of one mill on each dollar of taxable property as- 
sessed for city taxes by the city assessor, for the support 
of free libraries in connection with the common schools of 
snch city; and to disburse any and all revenue raised by 
such tax levy in the purchase of books, and in the fitting 
up of suitable rooms for such libraries, and for salaries to 
librarians; also to make and enforce such regulations as 
they may deem necessary for the taking out from and re- 
turning to, and for the proper care of, all books belonging 
to such libraries, and to prescribe penalties for the viola- 
tion of such regulations. 

Fourth. To examine, either by a committee of such 
board of school commissioners or by an officer of such 
board, selected for that purpose, all teachers applying for 
positions in the schools of the city; and to license such as 
may be qualified — such license to be limited to the city in 
which the same is granted. 

Fifth. To purchase grounds, construct school buildings, 
purchase supplies, employ and pay teachers, appoint sup- 
erintendents, and disburse, through the treasurer of the 
board of school commissioners, moneys for all school and 
library expenses. 

Sixth. To require the treasurer of the board of school 
commissioners to give bond in such sum, and with such 
surety, as the board may determine, for the faithful dis- 
charge of his duties, and for the safe-keeping and faithful 
accounting for all moneys that may come into his hands 
as such treasurer. 

Seventh. To establish and enforce regulations for the 
grading of and course of instruction in the schools of the 
city, and for the government and discipline of such schools. 

Eighth. To prepare, issue and sell bonds to secure loans, 
not exceeding in the aggregate the sum of one hundred 
thousand dollars, in anticipation of the revenue, for build- 
ing school houses, to bear such rate of interest, not exceed- 
ing ten per cent, per annum, and payable at such time, with- 



SCHOOL LAW OF INDIANA. 



203 



in five years from date, as the board may determine; and 
the money obtained as a loan on any such bonds shall be 
disbursed by order of such board, in payment of expenses 
incurred in building school houses: Provided, That until 
all the bonds of any one issue shall have been redeemed, 
such board shall not be authorized to make another issue ; 
nor shall any such bonds be sold at a less rate than ninety- 
five cents on the dollar. (R. S. 1881, §4460; R. S. 1901, 
§ 5939; R. S. 1897, § 6160.) 

1. Can not levy toll tax. The board of school commissioners has 
]io power to levy a poll tax for the support of the common schools of the 
city, or for a special fund for the support of such schools. — The Board v. 
Magner, Si Ind. 07. 

2. Fifth akd eighth clalvsf.s. Under the fifth clause the school com- 
missioners ha'se power to contract for the erection and completion of school 
houses, and to agree to pay therefor partly in cash and partly on time, and 
to make and deliver their notes for the deferre'd payments, which are valid 
obligations, binding upon their school cities, notwithstanding the fact that 
there may be at the time outstanding bonds to the amount of $100,000, issued 
and sold under the eighth clause, to secure loans in anticipation of the rev- 
enue, for building school houses, and that such money had been disbursed 
for that purpose. The powers conferred under the fifth clause are limited 
only by the educational wants of the school corporations under the board's 
control, in the exercise of a sound and reasonable discretion. The eighth 
clause -was not intended to be, and is not, a limitation upon the general 
powers conferred upon the board by the fifth clause. It confers additional 
"and extraordinary powers not conferred upon school corporations generally, 
and the proviso therein contained is a limitation only on the board's exer- 
cise of such additional and extraordinary powers. — Fatout v. Board, 102 
Ind. 22B. 

3. Notes. Notes executed by the board in settlement of just debts 
fairly contracted for the legitimate purposes of the school corporation, do 
not come within the meaning of the eighth clause, or of the proviso, and 
are valid.— Fatout v. Board, 102 Ind. 223. . 

4. Tax lev^-. See acts 1885, p. 17, sec. 9. (R. S. 1901, § 8752; R. S. 
1897, § 4277.) 

5. Mechanic's lien — Public policy. A mechanic's lien for work done, 
or materials furnished, in the erection of a public school house, can not 
be acquired or enforced. It is against public policy. — Fatout v. Board, 102 
Ind. 223, overruling Shattell v. Woodward, 17 Ind. 225. 

250. Tax collection and payment. 5. All levies of taxes 
made by order of the board of school commissioners shall 
be certified by its president and secretary to the city clerk. 



204 SCHOOL LAW OF INDIANA. 

who shall cause the same to be placed on the tax duplicate 
against all property assessed for city taxes; and the city 
treasurer shall collect the same as city taxes are collected, 
and shall, once in each month, pay over all such taxes so 
collected to the treasurer of the. board of school commis- 
sioners of such city. All taxes hereafter collected by the 
county treasurer for school purposes on levies hereafter 
made, and all moneys that may be hereafter distributed as 
a part of the common school fund by county officers, to 
which the common schools of such city shall be entitled, 
shall be paid over by the county treasurer to the treasurer 
of the board of, school commissioners; and all taxes here- 
after collected by the city treasurer on levies heretofore 
made for school purposes shall be paid over by such treas- 
urer, once in each month, to the treasurer of the board of 
school commissioners of such city. (R. S. 1881, § 4461; 
R. S. 1901, § 5943; E. S. 1897, § 6161.) 

251. Sessions — Record — No pay. 6. The said board of 
school commissioners shall hold its sessions at such times 
as it may determine, and shall keep a record of all its pro- 
ceedings. The members of such board shall serve without 
any compensation whatever. (E. S'. 1881, § 4462; E. S. 
1901, § 5945; E. S. 1897, § 6162.) 

252. General school law in force. 8. All parts of the 
general school laws of this state, not inconsistent herewith, 
and which may be applicable to the general system of the 
common schools in such city, herein provided for, shall be 
in full force and effect in such city. (E. S. 1881, § 4463; E. 
S. 1901, § 5946; E. S. 1897, § 6163.) 

[1877, p. 123. Approved and in force March 3, 1877.] 

253. Temporary loans. 1. The board of school com- 
missioners of any city embraced within the provisions of 
sections 4457 to 4463 may, whenever the funds for the sup- 
port of the common schools in such city throughout the reg- 
ular school year shall be insufficient or exhausted, make 



SCHOOL LAW OF ESTDIANA. 205 

temporary loans for the support of such schools durmg 
such time, and until the receipt of the school revenue of. 
the current year; but no more than is sufficient for such 
purpose, nor the amount of such revenue for the current 
year, shall be borrowed at any one time, and no further loan 
shall be made until such temporary loan shall be paid. (R. 
S. 1881, § 4461; R. S. 1901, § 5947; R. S. 1897, § 6164.) 

[1889, p. 101. Approved and in force March 5, 1889.] 

254. Bonds in cities. 1. Boards of school commission- 
ers in all cities of this state having thirty thousand, or 
more, inhabitants, according to the United States census 
for the year eighteen hundred and seventy, are hereby 
authorized to prepare, issue and sell bonds to secure loans 
not exceeding in the aggregate, at any one time, the sum of 
two hundred and tifty thousand dollars, in anticipation of 
the revenue, for purchasing grounds and building school 
houses, to bear such rate of interest, not exceeding six per 
cent, per annum, and payable at such time within ten years 
from date, as the board may determine; and the money 
obtained as a loan on any such bonds shall be disbursed 
by the order of said board in payment of indebtedness in- 
curred in the purchasing of grounds, or building of school 
houses, or in refunding any bonds or other evidence of in- 
debtedness issued for such purpose. Such bonds may be is- 
sued in such denominations and in such sums as the board 
of school commissioners may deem to be expedient: Pro- 
vided, That at no time shall the amount of such bonds so 
issued by any such board of school commissioners, then out- 
standing, exceed said sum of two hundred and fifty thou- 
sand dollars : And provided, further. That such bonds shall 
not be sold for less than their par value. (R. S. 1901, 
§ 5940;R. S. 1897, § 6165.) 

1. Bonds. As to validity of bonds issued under this and previous sec- 
tions see Campbeil v. City of Indianapolis, 1.55 Ind. 186; same case, .57 N. 
E. Rep. 920. 



206 



SCHOOL LAW OF INDIANA. 



CHAPTEE XIV. 

SCHOOLS IN CITIES OF 100,000 INHABITANTS. 



Sec. 






Sec 


255. 


Act of March 3, 1871, in force. 




274. 


256. 


Qualifications of commissioners 




275. 


257. 


Nomination and election. 




276. 


258. 


Terms. 




277. 


259. 


Organization of board. 




278. 


260. 


Committees — Salaries — Rules. 




279. 


261. 


Legislative act — Directors' approval. 


280. 


262. 


Officers and teachers — Examinations. 


281. 


263. 


Directors — Duties. 




282. 


264. 


Superintendent ■ — Text-books — 
rian — Appointments. 


Libra- 


283. 


265. 


Discharge of employes. 




284. 


266. 


Director's duties — Bond. 


- 


285. 


267. 


Auditor of school board. 




286. 


268. 


Warrants. 




287. 


269. 


Evidence of indebtedness. 




288. 


270. 


Illegal warrant — Liability. 




289. 


271. 


Apprporiation necessary. 




290. 


272. 


Auditor's report — Bond — Pay. 




291. 


273. 


Accountants. 




292. 



Payments to treasurer. 

Contract, appropriations for necessary. 

Contracts to be in writing — Supplies. 

Bids for school houses . 

Funding indebtedness. 

Tax levy. 

School law in force. 

Old school board. 

Limit of debt. 

Bonds to purchase real estate and 

erect buildings — Bids. 
Purchase of grounds and buildings. 
Eminent domain, may exercise. 
Removal of commissioner. 
Levy to pay debts. 
Subsequent censuses. 
Manual training schools. 
Teachers and instructors. 
Tax to support schools. 
Transfer of property. 



[1899, p. 434. Approved and in force March 4, 1899.] 

255. Act of March 3, 1871, in force. 1. The govern- 
ment of common schools in cities of one hundred thousand 
or more inhabitants, according to the last United States 
census, shall be vested in a board of school commissioners, 
which shall consist of five school commissioners. The said 
board of school commissioners shall have and exercise all 
the powers now conferred by an act of the general assembly 
of this state, approved March 3, 1871, entitled ''an act pro- 
viding for a general system of common schools in all cities 
of thirty thousand or more inhabitants, and for the election 
of a board of school commissioners for such cities, and de- 
fining their duties and prescribing their powers, and pro- 
viding for common school libraries within such cities, ' ' 
and all acts amendatory thereof, and supplemental thereto; 
and also all powers now conferred by law on boards of 
school commissioners in cities of thirty thousand or more 
inhabitants, according to the United States census of 1870, 
as well as the powers now conferred by law on boards of 



SCHOOL LAW OF INDIANA. 207 

school commissioners in cities of one hmidred thousand 
or more inhabitants, except as otherwise herein provided. 
And said board of school commissipners provided for by 
this act shall assume, pay and be liable for all the indebted- 
.ness and liabilities of boards of school commissioners here- 
tofore elected under the above described acts. (R. S. 1901, 
§ 3904x.) 

1. Staiuie valid. This statute is valid. — Campbell v. City of Indi- 
anapolis, 155 Ind. 186; same case, 57 N. E. Rep. 920. Statute referred to, 
section 246. 

256. Qualifications of commissioners. 2. The members 
of such board of school comraissioners shall be at least 
twenty-five years of age, residents of the city, and shall 
have been such residents for at least three years immedi- 
ately preceding their election. They shall be ineligible to 
any elective or appointive office under such board of school 
commissioners and under the government of such city while 
holding membership in said board. They shall not be in- 
terested in any contract with or claim against the school 
city in which they are elected, either directly or indirectly. 
If at any time after the election of any member of said 
board he shall become interested in any such contract with 
or claim against said school city he shall thereupon be dis- 
qualified to continue as a member of said board, and a 
vacancy shall thereby be created. Every member of said 
board shall, before assuming the duties of his office, take 
an oath before some one qualified to administer oaths that 
he possesses all of the qualifications required by this act, 
that he will honestly and faithfully discharge the duties of 
his office, that he will not, while serving as a member of 
such board, become interested, directly or indirectly, in 
any contract with or claim against said school city, and 
that he will not be influenced during his term of office by 
any consideration of politics or religion or anything except 
that of m.erit and fitness in the appointment of officers and 
the engagement of employes. No compensation shall be 
received by members of the board, but they shall be exempt 



208 ■ SCHOOL LAW OF INDIANA. 

from jury duty during their term of office. (R. S. 1901, 
§ 3904y.) 

[1903, p. 6. Approved and in force January 29, 1903.] 

257. Nomination and election. 3. The said board of 
school commissioners shall be elected, except as specified in 
section 4 of this act, on a general ticket for the term of four 
years, by the voters of said city qualified to vote at its city 
elections. The members of such board shall be elected at 
the regular city election of such civil city, and shall be 
taken from the city at large without reference to districts, 
and such election shall be held under the provisions of the 
general laws governing such city elections, so far as they 
are not inconsistent with the provisions of this act. The 
expense of such election, except that of printing the ballots, 
shall be borne by the civil city. Not later than forty days 
before any election for members of the board of school com- 
missioners, provided for in this act, hou^seholders of said 
city may present names of candidates for election as mem- 
bers of said board of school commissioners by filing the 
nominations in .the office of the comptroller of said city in 
the manner following : Each candidate shall be proposed in 
writing by not fewer than three hundred householders of 
said city. No more than one candidate may be named in 
any one petition and no person may sign more than one 
petition for any one election. Upon the filing of such 
petitions in the office of the comptroller, as aforesaid, the 
comptroller shall place the same in the public files of his 
office and for five days, the last of which shall be not less 
than thirty days before the election, he shall publish the 
names proposed in two daily newspapers of the city, and 
at the time required by law shall certify such nominations 
to the regular board of election commissioners for said city 
election. Any one thus nominated may withdraw his nomi- 
nation by a written declination filed with the comptroller 
before the certification of the same as aforesaid. The comp- 
troller shall not certify or publish the name of any candi- 
date who shall appear to be ineligible under the provisions 



SCHOOL LAW OF IjSTDIA.N^A. 



209 



of section 2 of this act. The election commissioners shall 
prepare ballots the color and quality of whose paper shall 
be the same as that of the regular city ballots. The ballots 
so prepared shall contain the names of all such candidates 
arranged in alphabetical order in colmims according to the 
following method: The names of candidates for each term 
shall be printed in a separate column, those for the regular 
term in the first column and those to fill vacancies in the 
second column, and such names shall be printed upon the 
ballots in rotation in such manner, as nearly as possible, 
that the name of each candidate shall appear at the head 
of the column for his term, whether the regular or the va- 
cancy term, as often as that of any other such candidate 
shall so appear, and in the second place a like number of 
times, and so on. In printing the ballots, the positions of 
the several names shall be changed as many times as there 
are candidates to be voted for. In changing the positions, 
the printer shall take the name at the head of the column 
and put it at the foot, raising the remainder of the column 
so that the name that was second before the change shall be 
first after the change. After the ballots are printed they 
shall be kept in separate piles, one pile for each change of 
position, and then gathered by taking one from each pile 
and placing it upon the pile to be blocked in such a way 
that every block of one hundred ballots (and all ballots 
shall be sent out in blocks of one hundred each) shall 
have as nearly as possible an equal number of ballots of 
each kind, and the name of each candidate thereon shall ap- 
pear severally in first, second, -third and fourth place, and 
so on, upon the several ballots an equal number of times 
with each of the other candidates for the said term. There 
shall be nothing on the face of said ballots except as other- 
wise provided herein and except the names of the candi- 
dates and the respective terms for which they are candi- 
dates, together with a square in front of each name and a 
statement at the head of each column of the number of 
candidates for that term for whom the elector mav vote. 



210 SCHOOL LAW OF INDIANA. 

and that the elector shall indicate his choice by marking a 
cross in the square opposite the name of each candidate for 
whom he votes, and not elsewhere. Such ballots shall be 
voted at the regular city election and deposited in a sepa- 
rate ballot box to be provided for the purpose. Each elector 
may vote for as many candidates as there are members to 
be elected, by marking a cross in the square opposite the 
name of each candidate for whom he votes. No election 
officer, challenger, or poll book holder shall indicate to any 
elector offering himself to vote what he believes or under- 
stands to be the political affiliation of any candidate for 
school commissioner. The candidates, in number equal to 
the number of members to be chosen, for the respective 
terms for which they shall have been nominated, who have 
the highest number of votes of those cast for such term, 
shall be declared elected. If at any election a member is 
to be chosen to fill a vacancy and to serve out an unexpired 
term, candidates may be chosen as above provided, but 
they shall in all cases be nominated or proposed for such 
vacancy and designated in the petition and on the ballot 
as candidates to fill such vacancy, and the date of the ex- 
piration of the unexpired term shall be stated. The vacan- 
cies in said board of school commissioners shall be filled 
temporarily by the board as soon as practicable after such 
vacancy occurs. Such member so chosen shall hold office 
until his successor be elected and qualified. His successor 
shall be elected at the next regular city election, when the 
vacancy shall be filled for the remainder of the term. Any 
person violating any of the provisions of this section shall 
be fined upon conviction in any sum not exceeding two 
hundred dollars. 

[1899, p. 434. Approved and in force March 4, 1899.] 

258. Terms. 4. At the city election occurring on the 
second Tuesday in October, 1899, five members of the board 
of school commissioners shall be elected to serve as herein 
provided. They shall assume office on the first day of Janu- 



SCHOOL LAW OF INDIANA. ' 211 

ary, 1900, and meet at the office of the present board of 
school comnjissioners of snch city at twelve o'clock, noon, 
and proceed to organize. Within one week after the organi- 
zation of the said elected board they shall meet to divide 
themselves by lot, in such manner as they shall determine, 
into two classes, as follows: The first class, consisting of 
three members, shall hold office through the 31st day of De- 
cember, 1901. The second class, consisting of two members, 
shall hold office through the 31st day of December, 1903. 
Thereafter, regular elections of members of the board of 
school commissioners shall occur at the regular city elec- 
tions, held on the second Tuesday of October of each alter- 
nate year. In the year 1901, and every fourth year there- 
after, three members shall be elected. In the year 1903, and 
every fourth year thereafter, two members shall be elected. 

[1901, p. 512. Approved and in force March 12, 1901.] 

259. Organization of board. 5. The board of school 
commisioners shall organize, annually at their first reg- 
ular meeting in January, by choosing one of their number 
president, another vice-president, electing a secretary who 
shall not be one of their number, and who shall receive a 
salary to be fixed by the school commissioners which shall 
not exceed fifteen hundred dollars per year. The treasurer 
of the city shall be the treasurer of the board, and he shall 
receive a salary to be fix;ed by the school commissioners, 
which shall not exceed fifteen hundred dollars per year. 
The treasurer shall make a monthly statement to the board 
of the amounts received and expended during the month, 
and the amount on hand to the credit of the board. He 
shall give bond to the approval of the board in such sum 
as it may be determined and with not fewer than two sure- 
ties or a surety company. (R. S. 1901, § 3904bl.) 

[1899, p. 434. Approved and in force March 4, 1899.] 

260. Committees — Salaries — Rules. 6. ^ All standing 
committees provided for by the rules of said board shall be 
appointed b}^ the president within two weeks after his elec- 

[U] 



212 * SCHOOL LAW OF INDIANA. 

tion. All vacancies of offices, directly or indirectly under 
the control of the board of school commissioners shall, on 
their occurrence, be filled for the unexpired teniis in the 
same manner as is prescribed for the regular appointment 
or election: Provided, That no such election to be made 
by direct vote of the board of school commissioners shall 
take place before the regular meeting next subsequeent to 
that at which such vacancy is reported to said board. Sub- 
ject to the limitations herein stated, said board shall have 
power to fix the salaries of all officers, agents, teachers, or 
other employes in the employ of said board. The salaries 
of all officers appointed for a fixed term shall not be reduced 
during such term. Such board shall have full authority to 
adopt such schedules of salaries as it shall deem proper; 
and, for this purpose, to divide principals, teachers and 
other officers and employes into classes to be determined by 
responsibility or experience, or both. It shall have power 
to fix the time of its meetings, except that at least one regu- 
lar meeting each month shall be provided for; and to make, 
amend and repeal rules and by-laws for its procedure and 
for the government and management of the schools and 
school property under its control. But the rules and by- 
laws of the board of school commissioners superseded by 
this act, so far as they are not inconsistent with the provi- 
sions thereof, shall remain in force and be binding upon 
the newly organized board of school commissioners, until 
such time as it shall adopt new rules and by-laws to super- 
sede them. (R. S. 1901, § 39{)4cl.) 

261. Lsgislative act — Director's approval. 7. Every 
legislative act of the said board shall be by written resolu- 
tion. Every resolution involving an expenditure of money 
or the approval of a contract for the payment of money, or 
for the purchase, sale, lease or transfer of property, or 
levying any tax, shall, before it takes effect, and at least 
five days before the next regular meeting, be presented, 
duly certified by the secretary, to the business director for 
approval. The director, if he approves such resolution. 



SCHOOL LAW OF INDIANA. 213 

shall sign it; but if he does not approve it he shall return 
the same to the board at its next regular meeting, with his 
objections, which the board shall enter in full upon its 
journal, and if he does not return the same within the time 
above limited, it shall take effect in the same manner as 
if he had signed it: Provided, That the director may ap- 
prove or disapprove the whole, or any item or part of any 
such resolution. When the director refuses to • sign any 
resolution or part thereof, and returns it to the commis- 
sioners with his objections, the board shall forthwith pro- 
ceed to reconsider it; and if the same is approved by the 
votes of at least three commissioners, it shall then take 
effect as if it had received the signature of the director, 
and in all such cases the votes shall be taken by yeas and 
nays, and entered on the records of the board. 

262. Officers and teachers — Examination. 8. The ]:)oard 
shall have power to determine the number of assistant 
superintendents, supervisors, teachers and employes, and 
prescribe their duties and fix their compensation. The said 
board shall provide rules for the management and mainte- 
nance of the public library, and appoint an advisory com- 
mittee to aid in the selection of books for the same, and to 
advise in all other matters pertaining to the library. The 
board shall adopt rules for obtaining, by open competition 
and without regard to religious or political beliefs, eligible 
lists from which all teachers and all other employes, ex- 
cept the superintendent, the assistant superintendent, the 
principal of the normal school, the supervisors, and the 
principals of the high schools, shall be elected with regard, 
exclusively, to fitness. (R. S. 1901, § 3904el.) 

263. Director — Duties. 9. Immediately after its first 
organization, the board shall appoint a business director, 
who shall serve for a term of one year, but who shall be 
removable by a vote of four-fifths of the entire board at 
any time. The business director shall be the executive 
officer of the board. He shall execute for the board of 



214 SCHOOL LAW OF INDIANA. 

school commissioners, in the name of the school city, its 
contracts and obligations; except that bonds issued shall 
be signed by the president of the board and attested by the 
secretary; he shall see that all contracts made by or with 
said board shall be fully and faithfully performed ; he shall 
have the care and custody of all property of the school city 
real and personal, except moneys ; he shall oversee the con- 
struction of buildings in process of erection and repairs 
of the school and library buildings ; shall advertise for bids, 
and shall purchase all supplies and equipments authorized 
by the board; and generally shall execute and carry into 
effect all matters and things, authority for which shall have 
been granted by the board, as herein provided. Whenever 
a business director who shall have served one year shall be 
re-elected his re-election shall be for a term of four years, 
he being removable, however, at any time by a vote of four- 
fifths of the entire board. Before entering on the duties of 
the office he shall take an oath similar to the oath herein 
prescribed for school commissioners, in so far as it is ap- 
plicable. (R. S. 1901, § 3904fl.) 

264. Superintendent — Text-books — Librarian — Appoint- 
ments. 10. The school commissioners shall, at their second 
regular meeting in April, 1900, elect a superintendent of 
schools and a librarian, each of whom shall serve a term of 
one year from June 30, 1900, and if either be then re- 
elected it shall be for a term of four years, and if either be 
thereafter re-elected it shall be for a term of four years, 
and their successors shall be elected first for a term of one 
year and thereafter for a term of four years. The superin- 
tendent of schools shall have the sole power to appoint and 
discharge all assistants, principals, supervisors and teach- 
ers authorized by the school board to be employed, subject 
to the limitations in this act stated, and shall report to 
the school board in writing annually, and oftener if re- 
quired, as to all matters under his supervision. He may be 
required by the board to attend any or all its meetings and 



SCHOOL LAW OF INDIANA. 215 

may take part in its deliberations, but may not vote. He 
shall select the text-books, maps, charts and apparatus to 
be used in the schools of said city, except the high schools, 
manual training and normal schools, conforming, however, 
so far as they may apply, to the provisions of the general 
law of Indiana regarding school books. The text-books, 
maps, charts and apparatus to be used in the high schools, 
manual training and normal schools, shall be selected by 
committees consisting in each instance of the superintend- 
ent of schools, the principal of high school, manual train- 
ing or normal school in which the text-book, map, chart or 
apparatus is to be used and the head of the department con- 
cerned. The librarian shall have the power to select and 
purchase for the library all books, maps and other litera- 
ture with the approval of the library advisory committee, 
and such librarian shall have the sole power to appoint and 
discharge all assistants in the library, subject to the limita- 
tions in this act stated, and shall report monthly and annu- 
ally, or oftener if required, as to all matters under the 
supervision of such office. All other employes of the board 
of school commissioners shall be appointed or employed 
and discharged by the business director, subject also to the 
limitations in this act stated. He shall report to the board 
monthly and annually as to all matters under the supervi- 
sion of such office, shall attend all meetings of the board 
and may take part in its deliberations, subject to its rules, 
but shall not have the right to vote. A majority of the 
entire board shall be necessary to elect either the superin- 
tendent or librarian. H written charges of incompetence 
or misconduct are preferred to the said board against any 
officer, employe or appointee chosen by or for the board 
of school commissioners, a hearing of the same shall be had 
after reasonable notice, and the school commissioners may 
by four-fifths vote of all the members of such board re- 
move such officer, employe or appointee, in which case -he 
shall not be eligible to reappointment within two years 
thereafter. The superintendent and the librarian, before 



216 SCHOOL LAW OF INDIANA. 

entering on their duties, shall take oaths similar to the 
oath prescribed herein for school commissioners, in so far 
as it is applicable. (E. S. 1901, § 3904gl.) 

265. Discharge of employes. 11. All appointments or 
discharges of assistant superintendents, supervisors, teach- 
ers or employes which may be made by the superintendent, 
director or librarian, shall be reported in writing to the 
board at its next regular meeting and shall be subject to 
the disapproval of the board by four-fifths vote of all its 
members not later than the next succeeding regular meet- 
ing of such board. The vote must be by yeas and-nays and 
must be spread in full upon the record. Whenever the sup- 
erintendent of schools and the principal or librarian in 
charge of any building shall, in writing, request of the busi- 
ness director the discharge of any janitor, engineer or other 
employe engaged in or about such building, he shall be by 
such business director discharged, subject to the right of 
disapproval by the board as above provided and the right 
of appeal as provided herein. Any person discharged by 
the superintendent, director or librarian may appeal to 
the board at its next regular meeting by statement thereof 
in writing, and it shall then be the duty of such board to 
consider and take a vote upon such dismissal at its next 
regular meeting. 

266. Director's duties — Bond. 12. The business di- 
rector shall devote his entire time to the duties of his office, 
and shall receive an annual salary not to exceed three thou- 
sand dollars, to be fixed by the board, payable monthly out 
of the fund of the school city ; and before entering upon the 
discharge of the duties of his office he shall give a bond for 
the faithful performance thereof in the sum of ten thou- 
sand dollars, with not fewer than two sureties, or a surety 
company, to be approved by the board, which bond shall 
be deposited with the secretary within ten days from date 
of election, and preserved by him. 



SCHOOL LAW OF INDIANA. 



217 



267. Auditor of school board. 13. The city comptroller 
shall be the auditor of the board of school commissioners 
of such school city. He shall keep an accurate account of 
all taxes levied for school purposes, and of all moneys due 
to, received and distributed -by the board; also of all assets 
and liabilities of, and all appropriations made by the school 
board, and shall receive and preser^^e all vouchers for pay- 
ments and disbursements made by the board. (R. S. 1901, 
§ 3904J1.) 

268. Warrants. 14. The auditor of the board shall issue 
all warrants for the payment of money from the school 
funds, but no warrant shall be issued for the payment of 
any claim until such claim has been allowed by the board 
and approved in writing by the business director'; but when 
the board has authorized the payment of money, notwith- 
standing his veto, the business director shall approve the 
same. The pay-roll, however, for assistants, principals 
and supervisors in the school work and teachers, shall be 
allowed by the board and approved by the superintendent 
of schools instead of by the director. 

269. Evidence of indebtedness. 15. Whenever the audi- 
tor of said board shall be called upon to issue any warrant, 
he shall have power to require evidence that the amount 
claimed is justly due and is in conformity with the law, and 
for that purpose he may summon before him any officer, 
agent or employe of the board, or any other person, and 
examine him on oath or affirmation relative thereto, which 
oath or affirmation he may administer. (R. S. 1901, 
§ 390411.) 

270. Illegal warrant — Liability. 16. If the auditor of 
said board shall draw a warrant for any claim contrary to 
law, he and his sureties shall be individually liable for the 
amount of the same. (R. S. 1901, § 3904ml.) 

271. Appropriation necessary. 17. No money shall be 
drawn from the treasury except in pursuance of appropria- 



218 . SCHOOL LAW OF INDIANA. 

tions made by the board upon an aye and nay vote duly 
recorded, and whenever an appropriation is made by the 
board the secretary shall forthwith give notice thereof to 
the auditor and treasurer. No appropriation shall be made 
for a longer period than to the end of the current year end- 
ing June 30, and at the end of such year all the unexpended 
balances of all appropriations, except from the tuition 
fund, shall be covered into the special school fund as an 
addition thereto. (E. S. 1901, § 3904nl.) 

272. Auditor's report — Bond — Pay. 18. The auditor 
shall submit to the commissioners annually, and oftener if 
required by them, a report of the accounts of the board, 
verified by his oath, exhibiting the revenues, receipts, dis- 
bursements, assets and liabilities, the sources from which 
the revenues and funds are derived, and in what manner 
the same have been disbursed. He shall give bond for the 
faithful discharge of his duties in the sum of five thousand 
dollars ($5,000), with not fewer than two sureties, or -a 
surety company, to the approval of the commissioners, 
which bond shall be filed with the secretary. The auditor 
of the said board shall receive no compensation for his 
services as auditor, but the board shall provide for the ap- 
pointment of such assistants for such auditor as it shall 
deem necessary and fix their compensation, which shall be 
paid monthly out of the school funds; but such assistants 
shall be appointed by the auditor. (R. S. 1901, § 3904ol.) 

273. Accountants. 19. At the close of each year ending 
June 30, the mayor of such city shall appoint one or more 
expert accountants, who shall examine the books, accounts 
and vouchers of the director, the treasurer and of all other 
departments of expenditure of said board and of the libra- 
rian provided for herein, and shall make report thereof 
to the mayor and to the board of school commissioners of 
said city. All the officers and employes of said board shall 
produce and submit to such accountants for examination 
all books, papers, documents, vouchers and accounts in 



SCHOOL LAW OF INDIANA. 



219 



their offices belonging to the same or thereto pertaining, 
and shall in every way assist said acconntants in their 
work. In the report to be made by said accountants, they 
may make any recommendations they deem proper as to 
the business methods of such officers and employes. A rea- 
sonable compensation for such services shall be paid by 
said board. (R. S. 1901, § 3904pl.) . 

274. Payments to treasurer. 20. All money payable to 
the board shall be paid to the treasurer and his receipt for 
the same shall be filed with the auditor of said board, who 
shall issue his quietus therefor, which alone shall be suffi- 
cient evidence of such payment. No person except the 
treasurer shall collect or receive any moneys payable to 
the board and any payments made, except to such treas- 
urer, and any receipt given therefor by any other person 
shall be void as against the board. 

275. Contracts, appropriation for necessary. 21. No 
contract, agreement or obligation shall be binding upon the 
board unless an appropriation therefor shall have been 
first made by it. It shall be unlawful for any commissioner 
or officer chosen by the board of school commissioners in 
any manner, directly or indirectly, to profit by or be inter- 
ested in any contract of said board, and any person con- 
victed of a violation of this section shall be fined in any 
sum not less than one hundred nor more than one thousand 
dollars and expelled from office. (R. S. 1901, § 3904rl.) 

276. Contracts to be in writing — Supplies. 22. All con- 
tracts involving more than two hundred dollars ($200.00) 
in amount shall be in writing, executed in the name of the 
school city, by the business director and approved by the 
board. When money therefor has been appropriated by 
the commissioners, the business director may make con- 
tracts and purchases not exceeding two hundred dollars 
($200.00) in amount at any one time, but all such contracts 
shall be reported at its next regular meeting to the board, 



220 SCHOOL LAW OF INDIANA, 

and if disapproved by a four-fifths vote of said board at 
its succeeding regular meeting, such director shall be re- 
sponsible therefor upon his bond. No purchase of sup- 
plies or of materials of any kind shall be made from any 
one person, firm or corporation in any year to the amount 
in the aggregate of more than two hundred dollars ($200), 
except ujDon bids duly advertised for and accepted. The 
board shall determine the mode and manner of advertising 
for bids for supplies. (B.. S. 1901, § 3904sl.) 

277, Bids for school house. 23. When the board deter- 
mines to build or enlarge a school house, or make any im- 
provements or repairs thereon, the cost of which shall ex- 
ceed five hundred dollars ($500), the business director 
shall advertise weekly for bids for a period of three weeks, 
beginning at least twenty-one days before the opening of 
the bids. The advertisement shall be inserted in two news- 
papers of general circulation in the city, and shall be en-,, 
tered in full in the records of the board. The bids duly 
sealed shall be presented to the board at the time fixed in 
the advertisement for bids^ at which time the board shall 
meet, and none shall be received after that hour, and they 
shall immediately be opened by the business director, be 
publicly read by the secretary and be immediately there- 
after entered in full in the records of the board. The board 
shall provide by general rules the conditions of all bids, 
but none but the lowest responsible bids shall ever be ac- 
cepted. The business director may, at his discretion, reject 
all bids, and whenever there is any reason to suspect col- 
lusion, the bids of all concerned therein shall be rejected. 
If the amount of the expenditure does not exceed two thou- 
sand five hundred dollars ($2,500), two weeks' notice shall 
be sufficient. (R. S. 1901, § 390411.) 

278. Funding indebtedness. 24. The board of school 
commissioners of any such city in which an indebtedness 
exists at the time of the passage of this act of eight hun- 
dred thousand dollars ($800,000) or more, is hereby au- 



SCHOOL LAW OF INDIANA. 



221 



thorized and empowered, to fund such indebtedness to the 
extent of eight hundred thousand dollars, and for that pur- 
pose said board of school commissioners is hereby author- 
ized and empowered to issue and sell its bonds in such sums 
and denominations as such board may deem advisable, to 
realize moneys with which to pay such existing indebted- 
ness ; such bonds to bear interest at not exceeding the rate 
of four per cent, per annum, payable semi-annually, to be 
sold for not less than their par value, and to run for a 
term of not exceeding thirty years from January 1, 1902. 
The maturing of such bonds shall be so arranged that there 
shall mature in each of the ten years, commencing with the 
year 1902, at least the sum of twenty-five thousand dollars, 
and in each of the next ten years the sum of thirty thousand 
dollars, and in each of the next ten years the sum of thirty- 
five thousand dollars of the principal of the debt of said 
school corporation, including in such debt not only such 
bonded indebtedness, but also any other indebtedness of 
such school corporation which may be in existence when 
this act is passed. Such bonds may be issued from time to 
time as the maturity of the present indebtedness may re- 
quire : Provided, That not more than eight hundred thou- 
sand dollars of such bonds in the aggregate shall be issued, 
or, if the board of school commissioners shall so determine, 
such bonds may all be sold at one time with the contract 
upon the part of the purchasers to furnish at stated fut- 
ure times so much of the proceeds thereof as may be de- 
sired to take up obligations not then due. No bonds shall 
be delivered until the money therefor is paid to the treas- 
urer of said school corporation, and interest shall not be- 
gin to accrue until such delivery. The board of school 
commissioners shall, preparatory to offering such bonds 
for sale, give notice for not less than four weeks prior to 
the date fixed for such sale, together with a description 
of such bonds and such offer, and invite bids therefor; 
such notice to be given by advertisement twice each week 
in at least one daily newspaper published in the city of 



222 SCHOOL LAW OF IISTDIANA. 

Indianapolis and in one newspaper published in the city 
of New York, and by such other advertisements as the 
board may determine upon. Such board shall sell such 
bonds to the highest and best bidder: Provided, Said 
board shall have the right to reject any and all bids. The 
proceeds arising from the sale of such bonds shall be used 
for no other purpose than the payment of such present in- 
debtedness, and no more bonds shall be issued than is nec- 
essary for that purpose. (R. S. 1901, § 3904ul.) 

[1903, p. 6. Approved and in force January, 1903.] 

279. Tax levy. 25. The board of school commissioners 
in any such city is hereby authorized and empowered to 
levy annually, in addition to other taxes authorized by law, 
a special tax of not exceeding five cents on each one hun- 
dred dollars of taxable property in the city for the pur- 
chase of real estate and the erection and improvement of 
school buildings. The proceeds of such tax shall be segre- 
gated from other funds of the board, and a separate ac- 
count of the same shall be kept, and shall not be used for 
any other purpose than the purchase of real estate and the 
erection and improvement of buildings for school uses. The 
said board is hereby authorized to levy annually, in addi- 
tion to all other taxes authorized by law, and as an addi- 
tion to its special fund, seventeen cents on each one hun- 
dred dollars of taxable property, which sum shall with 
such limits be large enough to insure the payment of all in- 
terest to accrue on the real estate and improvement 
bonds to be issued under the provisions of this amenda- 
tory act, and to keep school property in repair. Out of the 
last above levy by this section authorized provision shall 
be made for the payment in cash from year to year and 
the final retirement of such maturing indebtedness and 
the payment of such interest charges as are not payable 
out of other funds of such board and are not properly 
chargeable to any such other fund: Provided, That the 
aggregate sum levied by such board for all purposes shall 



SCHOOL LAW OF INDIANA. 



223 



not exceed in any one year fifty-seven cents on each one 
hundred dollars of taxable property in said city, and said 
sum of fifty-seven cents shall include all sums to be levied 
by said board in pursuance of any other existing law on- 
account of free kindergartens, compulsory education, or 
any other purpose. 

[1899, p. 434. Approved and in force March 4, 1899.] 

280. School law in force. 26. The general school laws 
of this state and all laws and parts of laws applicable to the 
general system of common schools in such school city and 
not inconsistent herewith, shall be in full force and effect in 
such city. 

281. Old school board. 27. The existing board of school 
commissioners in any city coming within this act shall con- 
tinue in office until January first, 1900, and any such exist- 
ing board shall until then exercise all the powers which it 
now possesses under the legal limitations now existing, and 
in addition thereto it shall have power to make the addi- 
tional levies herein authorized and to issue bonds as herein 
provided. When the board herein provided for shall have 
been elected and qualified, the possession, control and man- 
agement of all property, real and personal, including all 
moneys, books, records, papers and documents, and all 
rights and claims of every kind and nature then held by 
the board of school commissioners of such city, or by other 
school authorities, shall vest in and be transferred to the 
board of school commissioners hereby created without 
other transfer, to the same extent and with as full interest 
as the same had been theretofore held by the existing board 
of school commissioners or other school authorities ; and all 
valid indebtedness and obligations of the existing board of 
school commissioners, or of such school city, shall be paid 
by the respective boards of school commissioners hereby 
created, and said boards of school commissioners are hereby 
authorized to maintain and defend all suits in the name of 
the school city for which they may be elected. (R. S 
1901, § 3904x1.) 



224 " SCHOOL LAW OF USTDIANA. » 

[1903, p. 6. Approved and in force January 29, 1903.] 

282. Limit of debt. 28. The said board of school com- 
missioners shall not have the power to create any debt 
other than funding obligations, and the real estate and im- 
provement bonds provided for by this act and by the other 
sections of the act which it amends, in excess of the sum of 
twenty-five thousand dollars in the aggregate, save as pro- 
vided in section 29 of the act which this act amends and 
except that it shall be liable upon its lawful contracts for 
the ordinary current expenses of its schools and library to 
the persons rendering services and furnishing materials 
therefor, when contracts are entered into as herein pro- 
vided in accordance with the law, but said board shall not 
have any power to borrow money to pay such obligations 
so as to create a debt in excess of said twenty-five thousand 
dollars to others than to such persons so rendering services 
or furnishing materials, and any contract or obligation that 
may be issued in contravention of the provisions of this 
section shall be void. Obligations to persons rendering 
services or furnishing materials to said board of school 
commissioners in the current conduct of" such schools and 
library will not be considered as a j)art of the twenty-five 
thousand dollars of indebtedness above authorized. 

283. Bonds to purchase real estate and erect buildings 
— Bids. 4. The board of school commissioners in any city 
having a population of more than one hundred thousand 
is hereby authorized and empowered to issue and sell bonds 
of such school city in such sums and denominations as such 
board may deem advisable to realize money for school uses 
with which to purchase real estate, erect building [s], and 
equip buildings for lighting, heating and sanitation. Such 
bonds shall be known as school, real estate and improve- 
ment bonds. They shall bear interest at a rate not exceed- 
ing four per cent, per annum, payable semi-annually, shall 
be sold at not less than par and shall mature, as nearly as 
may be, at the rate of fifty thousand dollars per year, com- 
mencing to mature on the first day of July, twenty-seven 



SCHOOL LAW OF INDIANA. 



225 



years from the year of the issue of the first bonds issued 
under the authority conferred by this section. Such bonds 
may be issued from time to time as the needs of the schools 
of such city shall require: Provided, That not more than 
three hundred thousand dollars, par value, of said bonds 
shall be issued m any one calendar year and not more than 
four hundred and fifty thousand dollars of said bonds, par 
value, in the aggregate shall be issued under the provisions 
of this law. No bonds shall be delivered until the money 
therefor is paid to the treasurer of said board, and interest 
shall not begin to accrue until such delivery. Preparatory 
to offering such bonds for sale, the board of school commis- 
sioners shall give notice for not less than four weeks, of 
the date fixed for the sale of such bonds, together with a de- 
scription of such bonds and of such offer and invite bids 
therefor; such {lotice to be given by advertisement each 
week in at least one newspaper published in the city of 
Indianapolis, and one newspaper published in the city of 
New York, and such other advertisements as the board may 
make. Such board shall sell such bonds to the highest and 
best bidder, provided that it shall have the right to reject 
any and all bids. The proceeds arising from such sale 
shall be used for no other purpose than to purchase real 
estate and erect buildings and improvements upon the real 
estate of said board. 

1. Note. The above is an entirely new section, no part of wliicli is iu 
tlie original act as enacted in 1899. 

[1899, p. 434. Approved and in force March 4, 1899.] 

284. Purchase of grounds and buildings. 29. Said 
board of school commissioners may, notwithstanding the 
provisions of the above section 2ft, in the manner author- 
ized by law, make contracts for the purchase of grounds for 
school buildings and for the erection of new sch'ool build- 
ings, and give its obligations therefor or for the money to 
pay for the same: Provided, That the amount of such obli- 
gations outstanding at any time shall not exceed five cents 



226 SCHOOL LAW OF INDIANA. 

on the one hundred dollars of all the taxable property of 
said city as ascertained by the last preceding assessment, 
and any such contract or obligation which would cause the 
aggregate of the outsanding obligations or contracts for 
such purpose to exceed the limits above specified, shall as 
to such excess be void. In estimating the amount of such 
obligations, those obligations which shall be in force at 
the time this law shall go into effect, or the funding re- 
newals thereof, shall not be taken into consideration. (R. 
S. 1901, § 3904zl.) 

285. Eminent domain, may exercise. 30. In case the 
compensation to be paid for the purchase of any real estate 
required by said board for its said school city can not be 
agreed upon or determined between said board of school 
commissioners and the parties interested in the land desired 
for school sites, then the board of school commissioners 
shall have the power of eminent domain, and it shall be 
its duty to proceed to have such compensation determined, 
and acquire title thereto in the manner provided for by 
sections 4517, 4518 and 4519 of the revised statutes of 1881. 
(E. S. 1901, § 3904a2.) 

286. Removal of commissioner. 31. Any member of 
the board of school commissioners^ may be removed upon 
petition of ten residents of said city to the superior or cir- 
cuit court of said county in which said city is located, upon 
proof of either official misconduct in office or negligence of 
official duties, or of conduct in any manner connected with 
his official duties or otherwise which attaches discredit to 
such office or the school system, or for mental or physical 
inability to perform his duty as such member, but before 
such removal he shall receive five days' notice of the filing 
of such charges, together with a copy thereof. Such hear- 
ing shall be had promptly and without the formation of any 
issues thereon, but said charges shall be regarded as de- 
nied. (R. S. 1901, § 3904b2.) 



SCHOOL LAW OF LPTDIANA. 



227 



287. Levy to pay debts. 32. It shall be tbe duty of said 
board of school commissioners at the regular time for mak- 
ing the levy of taxes to make a special levy of an amount 
sufficient to realize the sum by this act required to be paid 
upon the principal of its indebtedness during the ensuing 
year, and the proceeds of such levy shall be applied to no 
other purpose than the payment of such indebtedness. This 
levy shall be made as a part of the levy now authorizeed by 
law, and this section shall not permit the levy of any addi- 
tional tax over and above those which said board would 
otherwise be authorized to levy. 

288. Subsequent censuses. 33. Whenever any city 
which has not now sufficient population to bring it within 
the purview of this act shall, according to any United 
States census hereafter taken, have a population of more 
than one hundred thousand people, an election of the board 
of school commissioners shall be held at the next general 
city election following the year in which such census shall 
be taken. Such election to be held in accordance with the 
provisions of this act, and this act shall then in all respects 
apply to and govern such city from thenceforward. (R. S. 
1901, § 3904d2.) 

1. Note. See Campbell v. City of lutlianapolis, 155 Ind. 186; same 
case, 57 N. E. Rep. 920. 

[1891, p. 348. Approved and in force March 7, 1891.J 

289. Manual training schools. 1. In all cities of the 
state of Indiana having a population of one hundred thou- 
sand or over, as shown by any census taken, by lawful 
authority, it shall be lawful for the board of school commis- 
sioners, or other school authorities having charge and man- 
agement of the common schools of said city, to establish in 
connection with and as part of the system of common 
schools therein, a system of industrial or manual training 
and education, wherein shall be taught the practical use of 
tools and mechanical implements, the elementary principles 

[15] 



228 SCHOOL LAW OF INDIANA. 

of mecliaiiical construction and mechanical drawing. (K. 
S. 1901, § 5948; E. S. 1897, § 6142.) 

290. Teachers and instruction. 2. Such board of school 
commissioners, or other school authorities, upon establish- 
ing such system of manual or industrial training and edu- 
cation, shall employ competent instruction in the various 
subjects to be taught, and establish such general rules and 
regulations for the admission of pupils and the conduct of 
the schools wherein the same shall be taught as in their 
judgment will produce the best results, and give instruction 
to the largest number of pupils practicable. They may pro- 
vide for such instruction in separate rooms, or separate 
buildings, as in their judgment may be most advantageous. 
(R. S. 1901, § 5949; R. S. 1897, § 6143.) 

291. Tax to support schools. 3. Any such board of 
school commissioners or other school authorities, having 
decided to establish such system of industrial or manual 
training, shall have authority, in addition to all other taxes 
now authorized to be levied, to levy a tax of not exceeding 
five cents on each one hundred dollars of property liable for 
taxation for school purposes, to be levied and collected as 
other taxes for school purposes are levied and collected, 
for the purpose of purchasing grounds and erecting build- 
ings, or for renting buildings wherein such instruction shall 
be given, the purchase of all necessary tools, implements 
and apparatus, and for the payment of instructors and 
other expenses incident to the maintenance thereof: Pro- 
vided, That no portion of the taxes so levied and collected 
shall be applied to any other purpose. (R. S. 1901, § 5950; 
R. S. 1897, § 6144.) 

[1905. p. 107. Approved and in force March 1, 1905.] 

292. Cities of over 100,000— School cities— Transfer of 
property. 1. All sales and conveyances of real estate and 
all sales and transfers of personal property heretofore at 



SCHOOL LAW OF INDIANA. 



229 



any time made by school cities of this state having a popu- 
lation of over 100,000 according to the last preceding 
United States census are hereby ratified, approved and vali- 
dated and the deeds and other instruments of conveyance 
and transfer executed by such school cities evidencing such 
sales are hereby validated and made effective, as of their 
respective dates, to vest in the purchaser the title thereby 
sought to be conveyed or transferred ; and in the future any 
such school city shall have full power to sell real estate and 
transfer personal property and to execute deeds of convey- 
ances and instruments of transfer therefor, with or without 
covenants of warranty, whenever in the opinion of any such 
school city, properly made matter of record in the minutes 
of its board of school commissioners, such real estate or 
personal property can not longer be advantageously used 
for school or library purpose and can be sold for its fair 
cash value. 



230 



SCHOOL LAW OP INDIANA. 



CHAPTER XV. 



Sec. 

293. Teachers' pension fund — Trustees. 

294. Officers— Duties. 

295. Control of fund— What constitutes. 

296. Investment of funds. 

297. Sinking fund. 

298. Uses of fund. 

299. Years of service — How computed. 

300. Pensioners — Re-examination. 

301 . Service pension. 



Sec. 

302. Computing time. 

303. Trustees— By-laws. 

304. Payments — When refunded in par . 

305. Deficiency — Pro rata payments. 

306. Place of payment. 

307. Pensions exempt from seizure. 

308. Cancellation of payment. 

309. Teacher defined. 



[1907, p. 268. Approved and in force March 9, 1907.] 

293. Cities — First class — Teacbers' pension fund — Trus- 
tees. 1. In every city in the state of Indiana having a 
population of 100,000 or more, according to the last pre- 
ceding United States census, there shall be, and is hereby, 
created a teachers' pension fund, which shall be governed 
and managed by a board of trustees, to be composed of 
seven members, as follows: Three members of the board 
of school commissioners of such city, to be selected or ap- 
pointed annually by such board, the superintendent of 
public schools, one principal and two teachers regularly 
employed in the public schools of such city. Said principal 
and teachers shall be selected at a meeting of the public 
school teachers of such city on the third Saturday of March, 
1907, in such manner and at such place or places as shall 
be determined and designated by the board of school com- 
missioners of such city; and thereafter there shall be select- 
ed on the third Saturday of March of each year one princi- 
pal and two teachers as members of such board of trustees. 
The trustees shall hold their offices until their successors 
shall be selected or elected as above set forth. In the event 
of a vacancy upon said board occasioned by the death, res- 
ignation or disability of either of said principal or teach- 
ers,- then the public school teachers of said city shall, within 
a reasonable time, upon the call of the president of said 
board of trustees, hold a special meeting and elect a suc- 
cessor or successors. A majority of said trustees shall con- 



SCHOOL LAW OF INDIANA. 231 

stitute a quorum for the transaction of business pertaining 
to said pension fund. Said trustees shall receive no pay 
for their services as such, except the secretary and assistant 
treasurer, each of whom may be paid such sum for services 
as may be fixed by the board of trustees: Provided, how- 
ever, That if any one shall act as such secretary or assistant 
treasurer who shall receive any of the benefits of said pen- 
sion fund, as hereinafter provided, the amount of the sal- 
ary so received by such secretary or assistant treasurer 
shall be deducted from the amount to which he or she would 
otherwise be entitled as a beneficiary under said fund. 

294. Officers — Duties. 2. Said board of trustees shall 
elect from among its number a president, vice-president and 
secretary. The president shall preside at the meetings of 
the board and perform all other duties usual to such office. 
The vice-president shall perform the duties of the president 
in his absence. It shall be the duty of the secretary to keep 
a true and accurate account of the proceedings of such 
board of trustees and of the teachers of such city, when 
acting upon matters with relation to said fund, and to turn 
over to his or her successor all books and papers pertaining 
to such office. The secretary of the board of school com- 
missioners of such city shall act as assistant treasurer, and 
it shall be his duty to keep a true and correct statement of 
the account of each member with said pension fund, to col- 
lect and turn over to the treasurer of said board all moneys 
belonging to said fund, and to render to the board a month- 
ly account of his doings. He shall furnish bond in such 
amount as shall be determined and required by said board 
of trustees, and the board of school commissioners of such 
city shall allow him such compensation for his services as it 
may deem proper. The treasurer of such city shall be ex 
officio the treasurer of said board of trustees, and he shall 
receive and hold all moneys belonging to such teachers' 
pension fund; he shall have the custody of all notes, bonds 
and other securities belonging to said fund, and shall col- 
lect the principal and interest of the same and shall be 



232 SCHOOL LAW OF INDIANA. 

liable on his bond as such city treasurer for the perform- 
ance of all the duties imposed upon him by this act and for 
the faithful accounting of all moneys and securities, includ- 
ing both principal and interest, which may come into his 
hands and which shall belong to such pension fund. And he 
shall keep a separate account which shall show at all times 
the true condition of such fund. Said treasurer shall, upon 
the expiration of his term of office, account to said board 
for all moneys, notes, bonds and other securities coming 
into his hands, and for the interest, income, profits, rentals 
and proceeds of and from the same, and he shall turn over 
to his successor all moneys, notes, bonds and other securi- 
ties belonging to said fund. The secretary, treasurer and 
assistant treasurer shall make a full, true and accurate re- 
port of their offices and trusts at each annual meeting of 
such teachers in March of each year. Their books shall 
at all times be open to inspection or examination by any 
member of said board of trustees. 

295. Control of fund — What constitutes. 3. Such board 
of trustees shall have full charge and control of the teach- 
ers ' pension fund of such city, with power to adopt and 
enforce all needful regulations governing the same, not in- 
consistent with this act. Said fund shall be derived from 
the following sources : 

First. All moneys that may be given to said board of 
trustees or to said fund or to the board of school commis- 
sioners of such city, for the use of said board of trustees 
of teachers' pension fund, by any person or persons. Such 
board of trustees may take by gift, grant, devise or be- 
quest, any money, choses in action, personal property, real 
estate or any interest therein, and any such gift, grant, de- 
vise or bequest may be absolute or upon condition that only 
the rent, profits and income arising from the same shall be 
applied to the uses and purposes of said fund. Such board 
of trustees shall be authorized to take such gift, grant, de- 
vise or bequest under and by the style of the board of trus- 
tees of the teachers' pension fund, of such city, and to hold 



SCHOOL LAW OF INDIANA. 233 

the same, or assign, transfer or sell the same, whenever 
proper and necessary, under and by such name. 

Second. Every teacher shall be assessed npon his or her 
salary as follows: One per centum per annum (but not 
more' than $10) upon the salary of every teacher who shall 
not have taught in excess of fifteen (15) years; and two per 
centum per annum (but not to exceed $20) upon the salary 
of every teacher who shall have taught longer than fifteen 
(15) years: Provided, however, That such assessment shah 
not be made prior to the first day of September, 1907. And 
the assistant treasurer of such board of trustees shall pre- 
pare a roll of each of said assessments and place opposite 
the name of every teacher the amount of assessment agaiust 
him or her, and shall furnish a copy of such roll to the 
treasurer, and the treasurer of said board shall, in Novem- 
ber and April of each school year, deduct and retain out of 
the salary going to such teacher the amount of such assess- 
ment, and shall give him or her credit for the same and 
place the same to the credit of said teachers' pension fund. 
Every teacher of such city receiving a salary of four hun- 
dred fifty dollars ($450) a year or more shall pay such as- 
sessment, and in becoming a teacher he or she shall be con- 
clusively deemed to undertake and agree to pay the same, 
and to have such assessment deducted from his or her sal- 
ary as hereinbefore provided. 

Third. The board of school commissioners of such city 
shall levy each year, in addition to all other taxes author- 
ized by law, a special tax of one cent upon each one hundred 
dollars of taxable property in the city, which sum shall be 
■collected as other taxes are collected by law, and which 
shall be credited by the treasurer of such city to the said 
teachers' pension fund, and shall not be used or devoted to 
any other than the purposes of said fund. And nothing in 
this act shall be deemed to take from said board of school 
commissioners the powers now given to said board in re- 
lation to the levy of taxes under existing statutes, 



234 SCHOOL LAW OF INDIANA. 

296. Investment of funds. 4. The board of trustees of 
such teachers' pension fund shall determine what part of 
said fund may be safely invested, and how much shall be 
retained for the immediate needs, demands and exigencies 
of said fund. Such investment shall be made: (1) In in- 
terest bearing bonds of the United States, or of the state 
of Indiana, or in any bond lawfully issued by any state or 
by any county, township, city or other municipal corpora- 
tion, either within or without the state of Indiana; (2) 
loans secured by mortgage upon real estate within the 
county wherein such city is located, which loans shall not 
be in excess of fifty per centum of the appraised value of 
such real estate. All bonds, mortgages and other securities 
shall be deposited with and remain in the custody of the 
treasurer of said board, who shall collect all interest due 
theron, and all the income therefrom, as the same shall be- 
come due and payable. 

297. Sinking fund. 5. The board of trustees of such 
teachers' pension fund shall establish a sinking fund, to the 
credit of Avhich shal] be put and deposited all gifts, grants, 
devises and bequests, and the unexpended balance remain- 
ing at the expiration of each fiscal year. And such sinking 
fund shall be and remain a permanent fund, and no part 
thereof shall be expended except the interest and income 
thereof and therefrom: Provided, however. That one-half 
of the amount added to such sinking fund during: any year 
may be used, if necessary, during the 3^ear immediately fol- 
lowing. 

298. Uses of fund. 6. Said teachers' pension fund 
shall be used and devoted in the manner and to the pur- 
poses following: 

First. The maximum pension to be paid any teacher 
shall be six hundred dollars ($600.00) per annum, which 
amount shall be based upon a service of forty (40) years 
as such teacher and every pensioner and beneficiary of said 
fund shall be entitled to and shall receive such percentage 



SCHOOL LAW OF INDIANA. 235 

of said sum of $600 as the number of years of teaching 
of said pensioner and beneficiary shall bear to the term 
of forty years, subject, however, to all the provisions of 
this act. 

Second. Any aged, infirm, diseased or disabled teacher, 
who is now or hereafter may be teaching in the public 
schools of such city, having served as such teacher for not 
less than fifteen (15) years, shall be entitled to receive a 
disability pension : Provided, Such board of trustees shall 
find that he or she is entitled to the same by reason of such 
age, disease, infirmity or disability, and after such appli- 
cant for a pension shall have been examined by a physician 
selected for such purpose by said board of trustees, the 
examination fee or charge of such physician to be paid 
by the applicant: And, provided further, That no such 
pension shall be paid until any sick pay allowed or pro- 
vided for by the board of school commissioners of such 
city shall have ceased. 

Third. Any teacher who is now or hereafter may be 
teaching in the public schools of such city, and shall have 
taught for not less than twenty-five (25) years, may be 
pensioned upon application to said board of trustees, or 
may be pensioned by such board without such application 
and shall thereafter receive a pension during the remain- 
der of his or her life, subject, however, to all the condi- 
tions contained in this act : Provided, That such pensioner 
shall have paid into said fund, by way of assessment or 
otherwise, not less than one-third (1-3) of the amount to 
which he or she shall be entitled per annum as a pension. 
And in order to make up such one-third, the board of trus- 
tees may order the treasurer to deduct one-half thereof 
each of the first two years from the amount of such pen- 
sion. 

299. Years of service — How computed. 7. In comput- 
ing years of service as provided in this act, the board of 
trustees may include services as a public school teacher 
rendered outside of such city, not, however, in excess of 



236 SCHOOL LAW OF INDIANA. 

five (5) years, as a portion of such services necessary be- 
fore any teacher shall be entitled to any of the benefits 
of this act: Provided, however, That such teacher shall 
pay assessments based upon the first annual salary re- 
ceived by him or her in the schools of such city for the said 
years of service elsewhere, in addition to the assessments 
paid by such teacher while in the service of such schools, 
before receiving any retirement pension: And, provided 
further. That nothing in this section shall affect the amount 
or amounts to be paid into such pension fund by school 
teachers before being entitled to become a pensioner. And 
any teacher may be given leave of absence for study, pro- 
fessional improvement or temporary disability not exceed- 
ing one year at any one time, and shall be regarded as 
a teacher and entitled to the benefits of this act : Provided, 
That during such absence he or she continues to pay into 
such fund the amount of assessment payable by such 
teacher the last year preceding such leave of absence. 

300. Pensioners — Re-examination. 8. After any teach- 
er shall have been pensioned, by reason of injury, dis- 
ability or disease, the board of trustees shall have the right 
at any time to cause such teacher again to be brought be- 
fore such board and examined by its physician, and also to 
examine other witnesses, for the purpose of ascertaining 
whether such injury, disability or disease shall still con- 
tinue and whether such teacher shall remain on the pension 
roll. Such teacher shall be entitled to notice and to be 
present at the hearing of such evidence ; shall be permitted 
to propound any question pertinent or relevant to such 
matter, and shall also have the right to introduce evidence 
upon his or her own behalf. Such teacher and all witnesses 
shall be examined under oath, and any member of such 
board of trustees is hereby authorized and empowered to 
administer such oath. The decision of such board of trus- 
tees shall be final and conclusive, and no appeal shall be 
allowed therefrom, nor shall the same be reviewed by any 
court or other authority: Provided, however. That every 



SCHOOL LAW OF INDIANA. 



237 



pensioned teacher shall report to the superintendent o^ 
pnblic schools of such city whenever required so to do. And 
said superintendent may assign such teacher to such serv- 
ice or employment as may be within his or her power to 
perform, in the judgment of such superintendent of public 
schools and of the examining physician employed by said 
board of trustees. And during the time of such employ- 
ment such teacher shall receive the regular salary therefor, 
which shall be credited to and deducted from the amount 
payable to such teacher from said pension fund. And 
should any pension teacher recover from his or her injury, 
disease or disability, and again be fit for regular duty, then 
such teacher may again be regularly employed, and during 
the time of such employment, he or she shall cease to be 
entitled to any payment out of said pension fund because 
of the injury, disease or disability on account of which such 
teacher was originally retired. 

301. Service pension. 9. Any teacher applying to be 
pensioned by reason of length of time of service as in this 
act provided, shall be pensioned and retired without any 
medical examination, nor need he or she be under any 
physical disability, and from the time of such pension and 
retirement such teacher shall not be required to render 
further services as such teacher, nor shall he or she be de- 
prived of the benefits herein provided, except for any cause 
contained in section 16 of this act. 

302. Computing time. 10. In computing time under 
the provisions of this act, such time shall include service 
rendered before, as well as after, the taking effect of this 
act. 

303. Trustees — By-laws. 11. The board of trustees 
shall have the power and authority to make all necessary 
by-laws providing for the manner of the election of such 
trustees, to be elected- as in this act provided, the counting 
and canvassing of the votes for the same, their meetings. 



238 SCHOOL LAW OF INDIANA. 

for the collection of all moneys and other property coming 
or belonging to said fnnd, and all other matters connected 
with the care, preservation and disbursement of the same, 
and the proper execution of the purposes and provisions 
of this act. And any pension authorized by the board un- 
der this law shall be subject to reduction by said board of 
trustees whenever in its judgment the condition of the pen- 
sion fund, the financial or other conditions of the pensioner 
or any other circumstances render such reduction advis- 
able, proper or necessary, and any pension so reduced may 
thereafter be restored or increased, as such board may 
deem best. 

304. Payments — When refunded in part. 12. Any 
teacher who shall cease to teach in the public schools of 
'such city before receiving any benefit from the fund, shall 
be entitled to the return of one-half of the amount, without 
interest, which shall have been paid into said pension fund 
by such teacher: Provided, however. Should such teachet* 
thereafter again teach in the public schools of such city, 
he or she shall refund to said pension fund the amount so 
returned to such teacher within one year from the date 
of his or her return to service in the schools. And should 
any teacher die before receiving any of the benefits or pen- 
sions by this act provided, the board of trustees shall pay 
to such teachers' heirs or estate, or either or any of them, 
as it shall see fit, one-half the amount without interest 
which shall have been paid into said pension fund by said 
teacher. 

305. Deficiency — Pro rata payments. 13. If at any 
time there should not be sufficient money in or to the credit 
of said teachers' pension fund to pay all claims against 
it in full, then and in such event, an equal percent- 
age shall be paid upon all such claims to the full extent of 
the funds on hand, until such pension fund shall be suffi- 
cient to pay all claims against it in full. 



SCHOOL LAW OF INDIANA. 239 

306. Place of payment. 14. All pensions herein pro- 
vided for shall be paid by the treasurer of the board of 
school commissioners at his office at the same time and in 
such installments as the teachers of such city shall be paid : 
Provided, however, That no pension of any Knd whatso- 
ever provided for in this act shall be paid prior to October 
1, 1908. 

307. Pensions exempt from seizure. 15. All pensions 
granted and payable out of said teachers' pension fund 
shall be and are exempt from seizure or levy upon attach- 
ment, execution, supplemental process, and all other proc- 
ess, whether mesne or final ; and such pensions or any pay- 
ment of the same shall not be subject to sale, assignment 
or transfer by any beneficiary, and such transfer shall be 
absolutely void. 

308. Cancellation of pension. 16. Whenever any such 
person who shall have received any benefit from said fund 
shall be convicted of any felony, or of any misdemeanor 
for which he or she shall be adjudged to be imprisoned, or 
shall fail to report for examination for duty as required 
herein, unless excused by the board of trustees of such city, 
or shall disobey the requirements of said board of trustees 
in respect to said examination for duty, or shall fail to 
perform such duty as may be required of him or her if 
found able to perform such duty, then such board shall 
order that the pension allowed and paid to him or her shall 
cease until the further order of such board. 

309. Teacher defined. 17. The term teacher as used 
in this act shall mean and include any principal, assistant 
principal, assistant superintendent, supervisor, assistant 
supervisor, persons in charge of any special department of 
instruction, and any teacher or instructor regularly em- 
ployed as such by the board of school commissioners of 
such city. 



240 SCHOOL LAW OF LNDIANA. 

CHAPTER XVI. 

SCHOOLS IN CITIES OF 45,000 TO 55,000. 



Sec. 

310. School corporations. 

311. Power of School Board. 

312. Buildings— Bonds. 



Sec. 

313. Special tax. 

314. Proceeds of bonds. 

315. Population. 



[1901, p. 21.TApproved February 20, 1901. In force May, 1901.] 

310. School corporations. 1. All cities of this state 
having a population exceeding forty-five thousand (45,000), 
and less than fifty-five thousand (55,000), according to the 
last preceding United States census, have been heretofore 
and are hereby declared to be and are made school corpora- 
tions for school purposes, separate and distinct from the 
civil corporations of such cities, and shall be known and 

designated as the school city of (naming the city) ; 

and the several boards of school trustees of such cities shall 
represent and be vested with all the authority and powers 
of such school cities, and with the management and con- 
trol of the common schools thereof. 

311. Powers of school board. 2. The general school 
laws of this state, and all laws and parts of laws, applicable 
to the general system of common schools in cities, and not 
inconsistent therewith, shall be in full force in such cities. 
And such boards of school trustees shall also have and ex- 
ercise all the powers heretofore or hereafter conferred upon 
the school trustees of the same or other cities of the state. 
(R. S. 1901, § 5914b.) 

312. Buildings — Bonds. 3. Such board of school trus- 
tees in any such city ma}^ purchase land and erect thereon a 
building or buildings for the purposes of a high school and 
a manual training school. For the purpose of raising the 
necessary funds to purchase such grounds, and for the erec- 
tion of such buildings, such board of trustees may borrow 



SCHOOL LAW OF INDIANA. 



241 



money, and from time to time issne and sell the negotiable 
bonds of such school city, in such sums and denominations 
as to said board may seem advisable, drawing not to exceed 
four per cent, interest per annum, payable semi-annually 
and running such length of time, not to exceed twenty 
years, and payable at such place as to said board may seem 
best, and the said board shall have the power to refund said 
bonds, or any part thereof, and to issue and sell other 
bonds, in lieu of those taken up and paid, by issuing and 
selling similar bonds of such city: Provided, however, 
That the aggregate amount of such bonds outstanding at 
any time shall not exceed one hundred and twenty-five 
thousand dollars ($125,000). Such bonds shall be executed 

by and in the name of the board of school trustees of 

(naming the city) by the president of the board, which such 
board shall have power to adopt and use, and shall be at- 
tested by the treasurer or secretary of such board, and 
when so executed and issued they shall constitute an in- 
debtedness of the school city on account of and for the 
benefit of which they are issued, and such school city issu- 
ing the same shall be liable for and shall assume and pay 
such bonds. (R. S. 1901, § 5914c.) 

313. Special tax. 4. Said boards of school trustees shall 
have the power to, and shall levy a special tax sufficient to 
pay the interest on such bonds, and to create a sinking fund 
for the payment of the principal thereof, when due: Pro- 
vided, however, That the total tax levied for the payment 
of such interest and sinking fund, and for the construction 
and repair of school buildings, to provide furniture, school 
apparatus and fuel, and for the payment of other necessary 
expenses of the schools of such city (except for tuition, 
library and compulsory educational purposes), shall not ex- 
ceed the sum of fifty cents on each hundred dollars' worth 
of taxable property and one dollar on each doII in such 
cities in any one year. (E. S. 1901, § 5914d.) 

314. Proceeds of bonds. 5. The proceeds of the sale of 
such bonds shall be paid to the treasurer of said board of 



242 SCHOOL LAW OF INDIANA. 

school trustees, to enable such board to pay for such 
grounds and erect such building or buildings; but before 
the issue or sale of such bonds such treasurer shall make 
and file with the county auditor a bond, payable to the state 
of Indiana, in a sum not less than the full amount of such 
bonds to be issued and sold, and with security, to be ap- 
proved by said auditor conditioned for the faithful and hon- 
est application of such money to the purposes for which the 
same was provided; and such treasurer, and such surety 
and sureties on such bond, shall be liable on a suit on such 
bond for any waste, misapplication or loss of such money 
in the same manner and to the same extent as now provided 
for waste or loss of school revenue. 

315. Population. 6. Whenever any city which has not 
the requisite population to bring it within the provisions of 
this act shall, according to any United States census here- 
after taken, have a population of more than forty-five thou- 
sand (45,000), and less than fifty-five thousand (55,000), 
then this act shall in all respects apply to and govern such 
city from thence forward. 



SCHOOL LAW OF INDIANA. 



243 



CHAPTER XVII. 

SCHOOLS AND SCHOOL HOUSl^^S. 



Sec. 




Sec 


316. 


Bible. 


355. 


317. 


Uniformity as to time — Numbering. 




318. 


Calendar. 


356. 


319. 


Colored children. 


357. 


320. 


Indigent children. 


358. 


321. 


Appropriations for indigent children. 


359. 


322. 


Branches taught. 




323. 


Effect of alcoholic drinks and narcotics 


360. 


324. 


Teachers examined concerning. 


361. 


325. 


Failure to teach effect — Dismissal. 


362. 


326. 


Voters' meetings — School directors. 


363. 


327. 


Voters at school meetings. 


364. 


328. 


Other meetings — Powers. 


365. 


329. 


Estimate of expense. 


366. 


330. 


Changing site of school house. 


367. 


331. 


Notice of petition to change. 


368. 


332. 


Misdemeanor. 


369. 


333. 


Doors must swing outward. 




334. 


Teachers, emplojTnent and dismissal. 


370. 


335. 


Teachers' contracts to be in writing. 


371. 


336. 


Blanks to be uniform. 


372. 


337. 


Minimum wages of teachers. 




338. 


Teachers' qualifications. 


373. 


339. 


Payment at less rate — Penalty. 


374. 


340. 


State Board of Education — Duties. 


375. 


341. 


When act in effect. 




342. 


Repeal. 


376. 


343. 


Special examination. 


377. 


344. 


Director's duties. 


378. 


345. 


He has charge of the school house. 


379. 


346. 


Visits schools— May exclude pupil. 


380. 


347. 


Appeal to teacher. 




348. 


Insulting teacher. 


381. 


349. 


Title to school property. 


382. 


350. 


Use of school house. 


383. 


351. 


Use of school house. 


384. 


352. 


School house, when sold. 


.385. 


353. 


Sale of school property by Township 
Trustees. 


• 386. 


354. 


School house in annexed territory. 





Pay for school house in annexed terri- 
tory. 

Donations and bequests. 

Majority of voters. 

Sale of bonds. 

Donations may be made to school cor- 
porations. 

Conditional gift. 

Income from gifts, how used. 

Trustee for gift — Powers. 

Identitj' of gift not to be lost. 

Donations for high schools. 

Trustees. 

Duties of Trustees. 

Appropriation of real estate — Petition. 

Appraisement. 

Duty of Appraisers — Payment — Title 
Trial. 

Tender before appraisement — Costs. 

Repeal. 

School property liable for public im- 
provements. 

Former payments legalized — Lien. 

Special school fund. 

Legalizing act — Township Trustee and 
Advisory Board. 

Flags. 

Display of flag. 

Destruction or mutilation. 

Penalty. 

Terms of school — Deficiency in funds — 
Aiding schools. 

Superintendent and Auditor — Duties. 

Uses of fund. 

Liability of fund. 

Surplus. 

Repeal. 

Transfer of bond tax revenue to special 
school revenue. 



[1865, p. 3. Approved and in force March 6, 1865.] 

316. Bible. 167. The Bible shall not be excluded from 
the public schools of the state. (R. S. 1S81, § 4493; R. S. 
1901, § 5980; R. g. 1897, § 6196.) 

1. Use of the bible. The bible, without note or comment, is installed 
in the common schools of Indiana. Its continuance as the moral class book 
in these nurseries of her future citizens will as surely mark the period of 
her prosperity and grace the zenith of her glory, as its exclusion would 
prove the precursor of her decline, the herald of her shame. 

[16] 



244 SCHOOL LAW OF INDIANA. 

2. Teacher independent. Neither the examiner nor the trustee should 
ever Inquire into the peculiar religious belief of a teacher, yet an examiner 
should not license an immoral person, nor one who is a scoffer at the teach- 
ings of the bihle and things sacred. 

Our law, therefore, wisely leaves the whole matter of bible reading and 
prayers with the good judgment and conscience of the teachers. To obli- 
gate them by contract to read the sacred scriptures and hold prayers in 
their schools would be in excedingly bad taste, if not sacrilegious ; to re- 
fuse them the right, when they, in good faith and conscience, desire to do 
so, would be the very worst of tyranny. 

3. Devotional exeecises cannot be enforced. You ask if a rule of the 
board requiring "the reading of the scripture, with devotional exercises," 
can be enforced. As officers you should be governed by the constitution and 
statutes and not by any personal views you may hold. It is true the statute 
says : "The bible shall not be excluded from the public schools of the 
state.'' But the state constitution also says : 

(1) "All men shall be secured in their natural right to worship Al- 
mighty God according to the dictates of their own consciences." (R. S. 
1881, §47; R. S. 1901, §47; R. S. 1897, §47.) 

(2) "No law shall, m any case whatever, control the free exercise and 
enjoyment of religious opinions, or interfere with the rights of conscience." 
(R. S. 1881, §48; R. S. 1901, §48; R. S. 1897, §48.) 

(3) "No preference shall be given, by law, to any creed, religious so- 
ciety, or mode of worship ; and no man shall be compelled to attend, erect, 
or support any place of worship, or to maintain any ministry, against his 
consent." (R. S. 1881, §49; R. S. 1901, §49; R. S. 1897, §49.) 

(4) "No religious test shall be required as a qualification for any 
office of trust or profit.'" (1881, §50; R. S. 1901, §50; R. S. 1897. §50.) 

In view of these provisions of the state constitution, it seems that the 
only thing the legislature intended to authorize school authorities to do in 
section 316, is to put the bible in the school and leave the use of it to the 
good judgment and conscience of the teacher. 

Under the law you are as a corporate body authorized to make and en- 
force all reasonable rules (not in conflict with the constitution or statutes) 
for the successful conduct of the business entrusted to your care. The 
statute (section 316 above) clearly does not directly authorize such a 
rule, and I think it does not authorize it by implication. Such a rule might 
"interfere with the rights of conscience" either of the teacher, some of the 
pupils or parents, and it is, therefore, not warranted. Clearly the statute 
and the constitution authorize the reading of the bible, and prayer in the 
public schools, but it should be done by choice and not by compulsion; and 
when done it should be done in such a discreet way as not to "in- 
terfere with the rights of conscience." Complete religious liberty is what 
the constitution guarantees to every one, and this is what should be aimed 
at by the school board and tfie teacher. This thought is aptly expressed in 
the constitution of Virginia : "It is the mutual duty of all to practice chris- 
tian forbearance, love and charity toward each other." The school board 
should practice forbearance, love and charity toward the teacher, the pupils 
and parents. The opinion of any one, in connection with the school, of 



SCHOOL LAW OF INDIANA. 245 

wnatover religious faitli, should be respected and held inviolate, as the 
board would have its own opinions respected. — Department decision. 

4. May be eead. It is understood throughout the state that the bible 
is not to be taught according to the belief of any sect or creed ; but it may- 
be read and commented upon in general terms, which do not conflict with 
any religious views. 

317. Uniformity as to time — Numbering. 14. All 

schools in a township shall be taught an equal length of 
time, as nearly as the same can be done, without regard to 
the diversity in the number of pupils at the several schools, 
or the cost of the school; and each of said schools shall be 

numbered, by the proper trustees, as school No. . (R. 

S. 1881, § 4494; R. S. 1901, § 5981; E. S. 1897, § 6197.) 

1. -Uniioemity. 1 he statute only requires the schools in the townships 
to be taught an equal length of time, as nearly as the same can be done. — 
Harmony School Tp. v. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 
Ind. 241. 

318. Calendar. 163. A school term of three months 
shall be sixty days, a school month twenty days, and a 
school week five days- (R- S. 1881, § 4495; R. S. 1901, 
§ 5982; li. S. 1897, ,§ 6198.) 

[1877, p. 124. Approved and in force March 5, 1877.] 

319. Colored children. 3. The trustee or trustees of 
such township, tovnn or city may organize the colored chil- 
dren into separate schools of the township, town or city, 
having all the rights, privileges and advantages of all other 
schools of the township, town or city: Provided, That in 
case there may not be provided separate schools for the 
colored children^ then such colored children shall be al- 
lowed to attend the public schools with white children: 
Provided further. That when any child attending such col- 
ored school shall, on examination and certificate of his or 
her teacher, show to the trustee or trustees of any township, 
town or city that he or she has made sufficient advancement 
to be placed in a higher grade than that afforded by such 
colored school, he or she shall be entitled to enter the school 



246 SCHOOL LAW OF INDIANA, 

provided for white children of a like grade, and no distinc- 
tion shall therein be made on account of race or color of 
such colored child. (R. S. 1881, § 4496; R. S. 1901, § 5983; 
E. S. 1897, § 6199.) 

1. State's power — Separate schools. The system of common schools 
in this state has its origin in, and is provided for by, the constitution and 
laws of the state. It is purely a domestic institution, and subject to the 
exclusive control of the constitutgd authorities of the state. The federal 
constitution does not provide for any general system of education to be 
conducted and controlled by the federal government, nor does it vest in the 
congress any power to exercise a general or special supervision over the 
states on the subject of education. The classification of pupils on the basis 
of race or color, and their education in separate schools, involve questions 
of domestic policy which are within the legislative discretion and control, 
and does not amount to an exclusion of either class ; but since the ratifica- 
tion of the fourteenth amendment of the federal constitution no system of 
schools would be general, uniform and equally open to all, as required by 
our own constitution (R. S. 1901, §182; R. S. 1894, §182; R. S. 1897, §182), 
which did not provide for the education of the colored children. — Corey v. 
Carter, 48 Ind. 327; State v. Gray, 93 Ind. 303; see Lewis v. Henley, 2 
Ind. 332. 

2. Compulsion. The township trustee will not be required by mandate 
to establish separate schools for colored children, unless it is shown to be 
practicable.— State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 

3. Separate schools permitted. The constitutionality of the law for 
the establishment of separate schools for colored and white children is set- 
tled.. The discretion given to school officers to establish separate schools for 
colored children can not be controlled by the courts, in the absence of 
malice or corruption, nor can the courts compel the admission of a child 
to a school already overcrowded, nor consider the competency of teachers, 
or the necessity of the graded schools, nor determine the grade to which a 
child is quail gee! to be admitted. — State v. Gray, 93 Ind. 303. 

[1881, p 580. Approvedandinforce April 7, 1881.] 

320. Indigent children. 3. It shall be the duty of each 
matron selected and appointed under the provisions of this 
act to provide the children committed to her care and cus- 
tody with suitable and sufficient food and clothing, and to 
give them proper home training and education; and, in 
furtherance of this object, she shall send to the common 
schools in the districts most convenient to the place where 
such children are kept, where they shall be received and 
taught at least three months in each year, all of such chil- 



SCHOOL LAW OF INDIANA. 247 

dren under her care as are of the proper age to be admitted 
into such schools, and to give personal attention to the in- 
struction of those not of sufficient age to be received into 
such schools. It shall further be her duty, at all proper 
times when such children are not in school, nor engaged 
in study, to engage them in some active labor suited to 
their age and strength, to the end that they may become 
useful, industrious and self-supporting citizens. (R. S. 
1881, § 6105; R. S. 1901, § 8181; R. S. 1897, § 8640.) 

1. ScpiooL piiiviLEGES — ENUMERATION. Such Children are entitled to 
school privileges in the corporation in which the statute establishes their 
home, and should be enumerated accordingly. 

2. Note. See section 458, and Acts 1903, p. 537. 

[1885, p. 125. Approved April 2, 1885, and in force July 18, 1885.] 

321. Appropriations for indigent children. 1. The 
boards of commissioners in the several counties of this 
state are hereby authorized to make suitable appropriations 
for the education, in the common school branches of learn- 
ing, of the pauper children of their respective counties 
whenever, in the judgment of the board of commissioners, 
justice to the school district or districts wherein such pau- 
per children are kept demands such assistance ; and all ex- 
penditures authorized by this act shall be made and paid 
out of the county treasury on warrants drawn by the audi- 
tor on the order of the board of commissioners : Provided, 
That where there is no provision for a matron, or an in- 
sufficient number of children to require the services of a 
matron, or the establishment of a separate school for the 
inmates of such asylums, it shall be the duty of the board of 
commissioners to require the superintendent of such asy- 
lum to send such children to the township schools. (R. S. 
1901, §6033; R. S. 1897, §6315.) 

[1869, p. 40. Approved May 5, 1869, and in force August 16, 1869.] 

322. Branches taught. ] 47. The common schools of the 
state shall be taught in the English language ; and the trus- 
tee shall provide to have taught in them orthography, read- 



248 SCHOOL LAW OF INDIANA. 

ing, writing, arithmetic, geography, English grammar, 
physiology, history of the United States, and good beha- 
vior, and such other branches of learning and other lan- 
guages as the advancement of the pupils may require and 
the trustees from time to time direct. And whenever the 
parents or guardians of twenty-five or more children in 
attendance at any school of a township, town or city shall 
so demand, it shall be the duty of the school trustee or 
trustees of said township, town or city to procure efficient 
teachers and introduce the German language, as a branch 
of study, in such schools; and the tuition in said schools 
shall be without charge: Provided, Such demand is made 
before the teacher for said district is employed. (R. S. 
1881, § 4497; R. S. 1901, § 5984; R. S. 1897, § 6200.) 

1. Trustee's duty — Mandate. In the circuit court of Johnson county 
the plaintiff aslied for a writ of mandate to compel the defendants to have 
their children taught algebra and Latin in an ordinary district school. The 
court issued the mandate in regard to algebra, and refused it in regard to 
Latin, solely on the ground that the plaintiffs had not made a suitable de- 
mand on the trustee in regard to that study, holding that it was his duty to 
cause Latin to be taught, if the attainments of the pupils required it, and 
that he could be compelled to do so by suitable proceedings. The court 
argued that sections 4497 and 4499 were not inconsistent with each other. 
The intent of the legislature was that "other branches of learning and 
other languages" should be taught in the public schools whenever the pupils 
therein were sufficiently advanced in the elementary branches, and in order 
that the legislative intent might be made effective two modes of acting 
were provided for: (1) The voters were empowered to act. But. Ipst 
from any cause they failed in their duty and left those entitled to the bene- 
fits of the public schools without a remedy, then (2) the school trustee 
shall act, and, they being public officers, could be compelled by the courts 
to perform their duty in case they neglected to do the same. — Grubbs v. 
Williams, Johnson Co., 1880. 

2. Additional studies. It has been asked whether it is the duty of 
school trustees to provide a course of study adapted to the preparation of 
pupils for college. The question should be answered in the affirmative. It 
is fair to assume that the trustees must provide suitable instruction for all 
the children who have a right to attend school ; that is, they must afford 
them such instruction as their attainments demand. If a child has mas- 
tered all the primary branches, and being less than twenty-one years of 
age, still desires to attend schools, the trustees must provide suitable in- 
struction for him. It is not reasonable to expect him to spend further time 
on branches which he has mastered. The fact that the law permits chil- 
dren to attend school until they are twenty-one years of age is presumptive 



SCHOOL LAW OF INDIANA. 



249 



proof that the trustees may be required to furnish such instruction as is 
suitable to their attainments till they reach that age. I think the argument 
here adduced equally applicable to trustees in cities as to those in town- 
ships, as the language of the statute applies to both alike. 

3. Music. The trustees may require all pupils to study music, to pro- 
vide themselves with a certain kind of music books, and may prohibit the 
attendance of any pupil that refuses to comply with such requirement. — 
State V. Webber, 108 Ind. 31. Myer Publishing Co. v. White River School 
Tp., 28 Ind. App. 91. 

4. License fob teacheks or special subjects. When a teacher is 
employed to teach special subjects, he should be examined only on the sub- 
jects he is required to teach. 

5. Statute constkued. The words "any school" means any place 
where a public school is taught, with its complement of teachers and 
scholars. — City of Indianapolis v. State ex rel. Sander, 129 Ind. 14. 

6. German must be taught when demand is made. Where the req- 
uisite demand is made for the teaching of German in a certain school of 
the city, the requirement of the statute is not met by providing that the 
language shall be taught in another school of the city when the pupils 
have reached a certain grade ; but it must be taught in the pai*ticular 
school where the demand is made. And the board can not set up a lack of 
funds as an excuse for their refusal to introduce the study of German, 
where it appears that studies not named in the statute as required studies 
are taught at an expense greater than would be necessary for the teaching 
of German. — Board of School Commissioners of the City of Indianapolis v. 
State ex rel. Sander, 129 Ind. 14. 

[1895, p. 376. Approved March 14, 1895. In force June 28, 1895.] 

323. Effect of alcoholic drinks and narcotics. 1. The 

nature of alcoholic drinks and narcotics and their effects 
on the hnman system in connection with the subjects of 
physiology and hygiene, shall be included in the branches 
to be regularly taught in the common schools of the state 
and in all educational institutions supported wholly or in 
part by money received from the state ; and it shall be the 
duty of the boards of education and boards of such educa- 
tional institutions, the township trustees, the board of 
school trustees of the several cities and towns in this state 
to make provisions for such instruction in the schools and 
institutions under their jurisdiction, and to adopt such 
methods as shall adapt the same to the capacity of the 
pupils in the various grades therein ; but it shall be deemed 
a sufficient compliance with the requirements of this section 



250 



SCHOOL LAW OF INDIANA. 



if provision be made for such instruction orally only, and 
without the use of text-books by the pupils. (R. S. 1897, 
§ 6201; R. S. 1901, § 5984a.) 

324. Teachers examined concerning. 2. No certificate 
shall be granted to any person (on) or after the first day 
of July, 1895, to teach in the common school or in any 
educational institution supported as aforesaid who does 
not pass a satisfactory examination as to the nature of 
alcoholic drinks and narcotics and their effects upon the 
human system. (R. S. 1897, §6118; R. S. 1901, § 5984b.) 

325. Failure to teach ^effects — Dismissal. 3. Any super- 
intendent or principal of, or teacher in any common school 
or educational ingtitution supported as aforesaid, who will- 
fully refuses or neglects to give the instruction re- 
quired by this act shall be dismissed from his or her em- 
ployment. (R. S. 1897, § 6202; R. S. 1901, § 5984c.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

326. Voters' meeting — School director. 25. The voters 
shall meet, annually, on the first Saturday in October, and 
elect one of their number director of such school ; who shall, 
before entering upon duty, take an oath faithfully to dis- 
charge the same. The director so elected shall, within ten 
days after said election, notify the trustee of his election; 
and, in <}ase of failure to elect, the trustee shall forthwith 
appoint a director of said school. But any director so ap- 
pointed may be removed, upon a petition of three-fourths 
of the persons attached to said school who are entitled to 
vote at school meetings. (R. S. 1881, § 4498; R. S. 1901, 
§ 5985; R. S. 1897, § 6203.) 

1. Voters at school meetings. Voters at the school meetings of a dis- 
trict are all taxpayers, male and female, except married women and minors, 
who have been listed as parents, guardians or heads of families, and at- 
tached to such district. Taxpayers are those persons who are liable to pay 
taxes, either poll or upon property. Any voter at the school meeting, a 
woman if unmarried, is eligible to the office of director. 



SCHOOL LAW OF INDIANA. 251 

Transferred persons are voters in the district to which they are at- 
tached. 

* Persons ^Y]ao have moved into the district since the enumeration are 
voters. 

2. Officers — Elected and appointed. It is only elected officers that 
hold until their successors are elected and qualified. An appointee to fill 
a vacancy can only serve out the unexpired terna. — 78 Mich. 635. 

[1865, p. 1. Approved and in force March 6, 1865.] 

327. Voters at school meetings. Any person who is a 
voter at township elections, and has no children in charge 
between the ages of six and twenty-one years, by making 
application to the trustee of his township while the 
ennmeration is being made, and by indicating to said trus- 
tee his selection of the school to which he desires to be 
attached, may have his name listed by said trustee on the 
enumeration list, and be attached to the school selected, and 
thus become entitled to the privileges of said school, and 
be a voter at its school meetings. Such persons, together 
with the parents, guardians and heads of families men- 
tioned in section 14, and the persons transferred from other 
townships and attached to said school, as provided in sec- 
tions fourteen and sixteen of this act, shall be the only 
persons entitled to vote at the meetings of the school so 
selected, and all other persons shall be excluded from vot- 
ing at such meetings. 

1. Note. In Carnahan v. State, 155 Ind. 150, the supreme court inti- 
mates that the above section is still in force, and calls attention to the fact 
that it has been omitted from all the revisions of the stautes of this state 
made since 1870. 

2. Listed and attached. To be "listed as parents, guardians or heads 
of families" means that the trustee in taking the enumeration listed them, 
that is, put them on the enumeration list or' report, and "attached," that is, 
assigned them to a certain district for school purposes. 

3. This section has no application to incorporated tovpns and cities. — 
City of Crawfordsville v. Hays, 42 Ind. 200. 

[1873, p. 68. Approved and in force March 8, 1873.] 

328. Other meetings — Powers. 26. The voters at school 
meetings may hold other school meetings at any time upon 
the call of the director or any five voters. Five days's no- 



252 



SCHOOL LAW OF INDIANA. 



tice shall be given of sucli meeting, by posting notices in 
five public places in the vicinity; but no meeting shall be 
illegal for want of such notice, in the absence of fraud ; and 
the legality of such proceedings, if called in question, shall 
be determined by the trustee of the township, subject to 
an appeal to the county superintendent, whose decision 
shall be final. Such school meetings shall have power to de- 
termine what branches, in addition to those mentioned in 
section thirty-four of this act [§ 95], they desire shall be 
taught in such school, and the time at which such school 
shall be taught: Provided, however. That the tuition reve- 
nue apportioned to the school shall be expended within the 
school year for which it was apportioned: Provided, fur- 
ther, That such school year shall begin on the first Monday 
of July. Such school meetings shall likewise have the 
power to fill vacancies that may occur in the office of di- 
rector; to direct such repairs as they may deem necessary in 
their school house; to petition the township trustee for the 
removal of their school house to a more convenient loca- 
tion, for the erection of a new one, or the sale of an old 
one and the lands belonging thereto, and upon any other 
subject connected therewith; and at such meetings all tax- 
payers of the district shall be entitled to vote, except mar- 
ried women and minors : Provided, That nothing herein con- 
tained shall prevent the trustee from exercising a sound 
discretion as to the propriety or expediency of making such 
repairs, removing or erecting school houses, and the cost 
thereof. (E. S. 1881, § 4499; R. S. 1901. § 5986; P. S. 1897, 
§ 6204.) 

1. School meetings in cities. The machinery of school meetings and 
school directors is unprovided for and unliiiown in cities and towns. — City 
of Crawfordsville v. Hays, 42 lud. 200. 

2. Appeal to county superintendent — Location of school house. — 
An appeal lies in the matter of locating a school house from the decision 
of the township trustee to tlie county superintendent, and the decision of 
the superintendent is linal, although not entered in the superintendent's 
record until after it is made. On such an appeal the superintendent may 
affirm or revoke the decision of the trustee to build or not build at a certain 
place; but he can not direct that the school house be built in an entirely 
different place. — Knight v, Woods, 129 Ind, 101, 



SCHOOL LAW OF INDIANA. 253 

3. OwifEESHip OF LAND. A township trustee can not, by mandate, be 
required to locate and build a school house on land that does not belong to 
the township, notwithstanding the county superintendent, on an appeal 
from his decision, has rendered a judgment requiring him to erect a school 
house on said land. It is not enough that a petition by certain inhabitants 
of tho proper school district to the trustee, praying for such location and 
building, states that the land will be deeded to the township on the accept- 
ance of the location by the trustee and his order to build.— Koontz v. State, 
44 Ind. 323. 

4. Appeal — Reversal — Location — Pkivate buildings. On appeal, a 
county superintendent reversed the decision of the trustee, locating a school 
house. Again, on appeal, he reversed another decision by such trustee, re- 
fusing to locate the school house at a place designated by the superintend- 
ent in his first reversal. Thereupon the trustee located the house at an 
entirely different place, but near (150 yards from) where he had first 
located it. The court decided that he could not be prohibited from locating 
the school house at the place last chosen, and that the county superintend- 
ent can not make the location, and that his decision on appeal is final only 
for the time. — State v. Mewhinney, 07 Ind. 397. (This case overrules 
Trager v. State, 21 Ind. 317, and State v. Custer, 11 Ind. 210, on this point.) 

5. Pkiv'ate schools. The facts in this case were that the legal voters 
and patrons of school district No. 1('> held a meeting, and by resolution re- 
quested the township trustee to fit up an additional school room and pro- 
cure a teacher for said room. The trustee declined to comply, and an ap- 
peal was taken to the coimty superintendent, who reversed the trustee's 
decision. This action was by mandate to compel the trustee to comply with 
the request. The trustee answered that the land whereon the said school 
had been conducted did not belong to the township, but was individual 
property, which had not been leased or otherwise secured by the township ; 
that said district never had a school building; that other schools had been 
established, and an arrangement made to accommodate the children of 
No. 16, which had been abolished. The complaint, it was decided, stated 
no cause of action. The statutes permitting the voters to hold school meet- 
ings and direct the repairs, etc., of the school buildings has only reference 
to public schools. The statute has no reference to private schools, nor to 
private buildings of any kind not leased to the township for school pur- 
poses. Where the voters direct repairs to be made elsewhere than the 
public school building, the trustee has no right to obey, and the decision 
of the county superintendent otherwise is a nullity. The trustee had au- 
thority to abolish No. 16 and provide other educational facilities for the 
children thereof.— State v. Sherman, 90 Ind. 123 ; Tufts v. State, 119 Ind. 232. 

G. Decision of county supekintendent final. The decision of the 
county superintendent is final as to the location selected by the trustee. — 
Knight V. Woods, 129 Ind. 101. Sea note 2. 

7. Notice is jurisdictional. Until the notices provided for have all 
been given and posted as required, giving the time, place and purpose of 
the meeting, the meeting will be illegal. 

8. Plurality will control. In this country it is generally under- 



254 SCHOOL LAW OF INDIANA, 

stood that, in the absence of any statutory provision expressly requiring 
more, a plurality of the votes cast will elect. 

9. DiscEETioN OF TRUSTEE. The question as to where a township school 
house shall be located, is left to the discretion of the school trustee.— 
Braden v. McNutt, 114 Ind; 214. 

10. Removal — Statute eepealed. So much of the above statute as 
relates to the relocating or removal of a school house has been repealed by 
sections 330 and 331. 



[1865, p. 3. Approved and in force March 6, 1865.] 

329. Estimates of expenses. 27. AVhen such meetings 
shall petition the trustee in regard to repairs, remova] or 
erection of a school house, they shall also furnish to such 
trustee an estimate of the probable cost of such repairs, re- 
moval or erection. (R. S. 1881, § 4500; R. S. 1901, § 5987; 
R. S. 1897, § 6205.) 

1. Petition of patrons. A petition for the location, etc., of a school 
house may be signed and presented to the trustee, and an appeal taken 
therefrom, although such petition did not originate, nor was it signed, at a 
school meeting. — Trager v. State, 21 Ind. 317. 

2. SuBSCEiPTiON liability. Where citizens of a school township peti- 
tion for the location of a school district and the erection of a school house 
therein, designating the size of the house, location, etc., and subscribing 
sums of money to aid in its construction, to be paid when the walls are 
erected to the square, and the subscription is accepted by the trustee, before 
the ainounts subscribed can be recovered, the school township must sub- 
stantially comply with the terms of the subscription.^ — Suit v. Warren 
School Townsliip, 8 Ind. App. G55. 

3. Injury to pupil by reason of defect in school house. Neither a 
school city, town nor township is liable to a pupil (or any otlier person) 
lor an injui-y occasioned by a defect in a school house, although such de- 
fect could have been repaired and the injuiy prevented. — Freel v. Scliool 
City of Crawfordsville, 142 Ind. 27. 

[1893, p. 17. Approved February 7, and in force May 18, 1893.] * 

330. Changing site of school house. 1. Whenever it 
becomes necessary for the trustee of any township in this 
state to change and re-establish the site of any school build- 
ing and remove said building to a new site and location 
therefor, such trustee shall first present to the county super- 
intendent of schools of the county in which such township is 
situated, a petition setting forth therein the place and par- 



SCHOOL LAW OF INDIANA. 255 

ticular point to where it is desired to change and relocate 
the site of any such building, and to remove the same there- 
to, together with a brief statement of the purposes and rea- 
sons for such proposed change of location of said school 
building, and upon such petition shall first procure an order 
from such county superintendent, authorizing him to change 
the site and location of such school building, and remove 
said building to its new site and location: Provided, That 
said petition shall be signed by said trustee and the major- 
ity of the patrons of the school where said building is locat- 
ed, and satisfactory proof shall be made to said county su- 
perintendent that the persons signing said petition con- 
stitute a majority of the patrons of said school. (E. S. 
1901, § 5920a; R. S. 1897, § 6219.) 

1. Discontinuing. This and the next section have no reference to the 
discontinuance of a school in a certain district on account of the small at- 
tendance of pupils. — Davis v. Mendenhall, 150 Ind. 205. If a trustee, acting 
in good faith, discontinue a school when the attendance is less than twelve, 
his decision will not be reviewed by the county, and he can not be com- 
pelled to reinstate it.— Tufts v. State, 119 Ind. 232 ; State v. Sherman, 90 
Ind. 123. 

2. Discretion of tkustee. The trustee no longer has any discretion in 
the removal and relocation of a school. — Kessler v. State, 146 Ind. 221. 

3. New school-house in new location. The above section also- ap- 
plies to the building of a new school-house in a new location. — Kessler v. 
State, 146 Ind. 221. 

4. Redisteicting township. The above section does not prevent the 
township trustee redistricting his township for school purposes, nor abol- 
ishing school districts, when no new school-houses are built, or the sites of 
those already existing in districts not abolished, are not changed. — State v. 
Wilson, 149 Ind. 258. 

5. Majority must sign. A majority of the patrons and the trustee 
must sign the petition, or the action of the county superintendent will be 
void. — Carnahan v. State, 155 Ind. J 56 ; same case", 57 N. E. Rep. 717. 

0. Petitioner signi^^g protest against change. If a petitioner for a 
change signs a protest against such change, he thereby withdraws his name 
from the petition.^ — Carnahan v. State, 155 Ind. 156 ; same case, 57 N. E. 
Rep. 717. 

331. Notice of petition to change. 2. Before such coun- 
ty superintendent shall grant such order such trustee shall 
make and file with said superintendent his affidavit that 
he has caused notice to be given of such petition, the pur- 



256 SCHOOL LAW OF INDIANA. 

poses thereof, the place of the change of location of such 
school building, and the time when the same will be pre- 
sented to the said county superintendent by posting notices 
in not less than five public places in his township, three of 
which shall be in the immediate neighborhohod from where 
such school building is to be removed, at least twenty days 
prior to the time when the same is to be heard by said coun- 
ty superintendent. (R. S. 1901, § 5920b; R. S. 1897, § 6220.) 

332. Misdemeanors. 3. The trustee of any township in 
this state violating the provisions of this act shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be 
fined in any sum not less than fifty nor more than five hun- 
dred dollars. (E. S. 1901, § 5920c; R. S'. 1897, § 6221.) 

[1891, p. 111. Approved and in force March 5, 1891.] 

333. Doors must swing outward. 243. Whoever, being 
the owner, manager, lessee, trustee, or person having the 
charge of any theater, opera-house, museum, college, semi- 
nary, church, school-house, or other public building, refuses 
or neglects to cause all the doors thereof, constructed for 
the purpose of ingress and egress, whether inner or outer 
doors, to be so hung that the same shall swing outwardly, 
shall be fined in any sum not exceeding one thousand dol- 
lars nor less than ten dollars, to which may be added im- 
prisonment in the county jail for any period not exceeding 
six months : Provided, That this section shall not apply to 
the outer doors of one-story churches and school houses. 
(R. S. 1901, § .2276; R. S. 1897, § 2312.) 

1. FiEE ESCAPES. An act of 1899 now provides "that every building 
now or hereafter u&ed, in whole or part, as * * a school house * * shali 
be provided with proper ways of egress or means of escape from fire, suffi- 
cient for tlie use of all persons accommodated [or] assembled, and such 
ways of egress and means of escape shall be kept free from obstruction, in 
good repair and ready for use at all times, and all rooms above the second 
story in such buildings shall be provided with more than one way of egress 
or escape from fire, placed as near as practicable at opposite ends of the 
room, and leading to fire escapes on the outside of such building or to 
stairways on the inside provided with pi'oper railings. All external doors 
subject to the provisions of this section shall open outward, and all wiu- 



SCHOOL LAW OF INDIANA. 257 

dows open outward or upward. No portable seats shall be allowed in the 
aisles or passageways of such buildings during any entertainment or service 
held therein." Buildings three stories in height must have fire escapes on 
the outside.— Acts 1899, p. 473. 



[1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 

334. Teachers' employment and dismissal. 28. Trus- 
tees shall employ no person to teach in any of the common 
schools of the State of Indiana, unless such person shall 
have a license to teach, issued from the proper state or 
county authority, and in full force at the date of the em- 
ployment. Any teacher who shall commence teaching any 
such school without a license, shall forfeit all claim to com- 
pensation out of the school revenue for tuition for the time 
he or she teaches without such license; but if a teacher's 
license shall expire by its own limitation within a term of 
employment, such teacher may complete such term of em- 
ployment within the then current year. The said trustee 
shall not employ any teacher Tvhom a majority of those 
entitled to vote at school meetings have decided at any 
regular school meeting, they do not wish employed; and at 
any time after the commencement of any school, if a ma- 
jority of such voters petition such trustee that they wish the 
teacher thereof dismissed, such trustee shall dismiss such 
teacher, but only upon due notice, and upon good cause 
shown; but such teacher shall be entitled to pay for services 
rendered. (R. S. 1901, § 5988; R. S. 1897, § 6206.) 

1. License essential. A valid contract for the teaching of a public 
school can not be made by a trustee with one who, at the time, has no 
license to teach in the county, and the subsequent pi'ocurement of a license 
does not validate the contract.^Butler v. Haines, 79 Ind. 575. And a per- 
son can neither recover compensation for services rendered as teacher, 
nor damages for breach of contract for such services, unless he was 
licensed to teach as prescribed by the statutes. — Jackson School Town- 
ship V. Farlow, 75 Ind. 118. See also Harrison Township v. Conrad, 26 
Ind. 337, and Putnam v. School Town of Irvington, 69 Ind. 80. In a suit 
against the school corporation for services rendered or to be rendered, it 
must be stated in the complaint that the teacher had a license to teach 
when he rendered the services or entered into the contract. — Bedford, etc., 
Co. V. McDonald, 12 Ind. App. 621. 



258 SCHOOL LAW OF INDIANA. 

2. Teachers' contkacts. A contract to teach school, which is left 
blank in respect to the terms of employment, and contains no stipulation as 
to how the blanks shall thereafter be flllecl is not binding ; but if treated 
as a contract of employment for an indefinite time the damages for its 
breach would be nominal only. — Atkins v. Van Buren School Township, 77 
Ind. 447 ; Marion School Township v. Carpenter, 12 Ind. App. 191. 

The fact that a trustee has no funds is no defense to a teacher's claim 
for compensation, nor an excuse for refusing to allow him to complete his 
term of employment. — Harmony School Township v. Moore, 80 Ind. 276. 

The court, after a failure to make the money on execution, may order 
the judgment in favor of the teacher to be paid out of the school funds of 
the township in the county treasury. — Town of Milford v. Simpson, 11 
Ind. 520. 

A teacher of a common school is entitled to compensation, if failure to 
actually conduct the school each day of the term was caused by the act 
or omission of the school authorities ; and where the evidence shows that 
a strict performance by the teacher of the conditions of the contract has 
been prevented or waived by such act or omission, a recovery can not be 
defeated by such failure. — Charlestown School Township v. Hay, 74 
Ind. 127. 

To recover, for his services, the teacher must sue the school township, 
and not the civil township. — Harrison Township v. McGregor, 67 Ind. 380. 
If the contract be with the "township trustee," the contract may be re- 
formed by alleging and proving that it was with the school township, and 
when so reformed it may be enforced. — Sparta School Tp. v. Mendenhall, 
138 Ind. 188. 

If the number of days to be taught be left blank, the actual number 
agreed upon may be shown by oral evidence, in a suit on the contract for a 
breach of its terms. — Marion School Tp. v. Carpenter, 12 Ind. App. 191. 

3. SiGNiisTG CONTRACT. Where a school board in session passed, and 
entered of record, an order employing a teacher, this was a valid employ- 
ment, and the subsequent signing by the trustees at different times can not 
affect it.— School Town of Milford v. Ziegler, 1 App. 138. 

4. Protest against teacher. A protest against a teacher, to be bind- 
ing, must be made at a school meeting regularly called and conducted ac- 
cording to law before the employment of the teacher, and by a majority of 
all the persons entitled to a vote at such meeting, not merely a majority of 
those present. The persons entitled to vote at the school meeting of a dis- 
trict are all tax payers, male and female, except married women and 
minors, who have been listed by trustees as parents, guardians, or heads of 
families, and attached to such district. (§245, n. 1.) The patrons are by 
law entitled to protest against the employment of any teacher. It is the 
trustee's duty to allow them an opportunity to make their protest in the 
manner provided by law, and, if he is notified that a school meeting will be 
called for that purpose, any contract he may make- with a teacher will be 
subject to the action of such meeting. Patrons are not empowered to select 
teachers (§117, n. 2), and they can not effect a selection indirectly by pro- 
testing against all the world except a certain person. The protest must 



SCHOOL LAW OF INDIANA. 



259 



name definitely the person or persons against wliom it is directed. See 
Note IS below. 

5. Dismissal of teachers. A teacher employed for a definite time 
may be discharged for incompetency; but if he is competent, and is, in all 
things, fulfilling his contract, he can not be, without his consent. — School 
City of Crawfordsviile v. Hays, 42 Ind. 200. But when the teacher is im- 
properly discharged, the school corporation, not the trustees personally, is 
liable.— Morrison v. McFarland, 51 Ind. 206 ; Butler v. Haines, 79 Ind. 575. 
If a teacher be employed to teach a particular school, and he is not per- 
mitted to do so, it is no defense in a suit for a breach of contract, that he 
was offered another school in the same township, unless it be shown that 
the conditions and number of children at the latter were such that it would 
certainly not be discontinued before the other. — Sparta School Tp. v. Men- 
dell, 138 Ind. ISS— Oil School Tp. v. Martinz, 27 Ind. App. 525. 

This ill the language of the supreme court, and, although made with 
reference to a city, is an enunciation of the common law principle, and is, 
I think, applicable to the case of dismissal of a teacher by a township 
trustee, without a petition from the patrons. If the teacher breaks the 
contract, it seems to me that the trustee should not be bound by it. The 
law requires the trustee to investigate charges made against a teacher by 
a majority of the voters of the district, but it is held that he may investi- 
gate charges made by any number of responsible patrons. The decision 
of the supreme court, upon an analogous question, in Thager v. State, 21 
Ind. 3.17, justifies this opinion. 

6. Holidays. Recognized holidays can not be deducted from the time 
for which a school teacher contracts to teach, and his pay reduced accord- 
ingly. He is entitled to pay for such days, even though he does not teach. 
—39 Mich. 484. 

7. In cities and towns. 1'he latter part of this section (concerning 
the power of school meetings and the employment and discharge of teach- 
ers) has no application to cities and incorporated towns. But if, in such 
cities and towns, the teacher be incompetent, or fail in the duties of teacher, 
he may be dismissed by the school trustee. — School City of Crawfordsviile 
v. Hays, 42 Ind. 200; Putnam v. School Town of Irvington, 69 Ind. 80. 

8. Unlicensed peuson may recover reasonable wages. If a trustee 
permits an unlicensed person to begin teaching, and pays such person out 
of the tuition revenue, the amount so paid may be recovered by any person 
interested. County Commissioners should allow no credit for money so 
paid. But a person so permitted to teach may enforce the payment of 
reasonable compensation from the trustee as an individual. — Morrison v. 
McFarland, 51 Ind. 206. 

9. Contract mvst not conflict with law. A contract with a teacher 
must not conflict with the law in any particular. — Atkinson v. Allen, 29 
Ind. 375 ; Rafert v. Scroggins, 40 Ind. 195 ; Spears v. Wood, 48 Ind. 541. A 
teacher contracts with reference to the statute. — Owen School Township 
V. Hay, 107 Ind. 351. 

10. Epidemics — No reductions from teachers' salary for time lost 
BY reason of. Smallpox is not actus Dei in such a sense as to excuse a 

L17] 



260 , SCHOOL LAW OF LSDIANA. 

school district from liability iu a contract with a teacher, the performance 
of which the district has prevented by closing the school. The act of God 
which will release one from the obligations of a contract is one which ren- 
ders its performance impossible. — School Town of Carthage v. Gray, 10 
Ind. App. 42S. 

11. Contract with de facto boaed binding unless fraud is proven. 
When trustees, with the acquiescence of the town, continue to act as such, 
after the expiration of their term and before their successors are appointed, 
they are officers de facto, and their contract with a teacher is binding. Such 
contract can not be assailed by their successors subsequently appointed, 
when it is not alleged and proven that the teacher was a party to the fraud 
to forestall them.— School Town of Milford v. Zeigler, 1 Ind. App, 138. 

12. Employment of teacher. A finding that the plaintiff was em- 
ployed as a teacher by K., who was at the time trustee of the township, 
sufficiently shows that the employment was by the school trustee, the town- 
ship trustee being ex officio school trustee. — White v. Kellog, 119 Ind. 
320. But this would not be so of incorporated towns, as they have a 
board of civil trustees and a board of school "trustees. 

13. Abolishing department does not affect contract. A teacher is 
not discharged by abolishing the department iu which be is engaged, or re- 
moving him to another and lower grade. — School Town of Milford v. Zeig- 
ler, 1 Ind. App, 138 ; 27 N. E. Rep. 303 ; White v. Kellogg, 119 Ind, 320. 

14. Cash advanced to teachers. A township trustee who, in good 
faith, employs necessary and proper teachers, and when it is unexpectedly 
found that the public funds provided are insufficient to pay them in full, 
advances the deficit out of his own money, has a demand against the school 
township which he may recover. — Kiefer-v. Troy School Township, 102 
Ind. 279. 

15. Injunction to restrain execution or contract. A board of school 
trustees can not be enjoined from violating its contract with a person for 
his personal services as a teacher. — Schwier v. Zetike, 136 Ind. 210, 

If), Slander — Charge that teacher is cruel. A county superintend- 
ent and a township trustee are not liable for falsely charging a teacher 
with cruelty, incompetency and neglect in the exercise of his duties, if they 
act in good faith. — Branaman v. Hinkle, 137 Ind. 496. 

17. Dismissal without cause. School trustees can not dismiss a 
teacher without cause, even before the commencement of the term of ser- 
vice specified in the contract under a provision in such contract that the 
employment is subject to the right of the trustee to remove the teacher 
at any time upon notice first giA^en. — School City of Lafayette v. Bloom, 
17 Ind. App. 461. 

18. Vote of district not to employ. If the patrons of a district at a 
lawful school meeting vote that a certain person shall not be employed, the 
trustee cannot thereafter employ such person ; and he may be enjoined and 
prevented from entering into a contract with him. If an appeal be taken 
to the county superintendent on such question, his decision will bind the 
trustee. — O'Brien v. Moss, 131 Ind. 99, 'But the trustew is under no obli- 
gation to notify the patrons of a school district concerning whom he in- 



SCHOOL LAW OF INDIANA. 



261 



tends to employ as teacher of the district, so as to give them an opportun- 
ity to remonstrate against the employment of a certain teacher. The objec- 
tions to the employment of a particular teacher must be made "before he is 
employed. — Rumble v. Barker, 27 Ind. App. 69. See note 4 above. 

19. Mareied women — Fkaud. A contract that an unmarried teacher 
shall not marry during the term for which she is employed is valid ; and if 
she do marry, the trustee may rescind the contract and terminate her em- 
plojanent. The condition against marrying must, however, be inserted in 
the written contract ; and an oral contract to that effect, as an addition to 
the written contract, is invalid. — Guilford School Tp. v. Roberts, 28 Ind. 
App. 355. 



[1899, p. 173. Approved February 28, 1899; in force April 28, 1899] 

335. Teachers' contracts to be in writing. 1. All con- 
tracts hereafter made by and between teachers and school 
corporations of the state of Indiana shall be in writing, 
signed by the parties to be charged thereby, and no action 
shall be brought upon any contract not made in conformity 
to the provisions of this act. 

1. FoEMEK LAW. Until this law was adopted, a verbal contract was 
valid. — Jackson School Township v. Sherer, 8 Ind. App. 330. 

336. Blanks to be uniform. 2. For the purpose of car- 
rying this act into effect the school trustees of the several 
school corporations of this state shall provide a public rec- 
ord of uniform blank contracts to be carefully worded un- 
der the direction of the superintendent of public instruc- 
tion, and cause such contracts to be signed therein, which 
record shall be deemed a public record, open to inspection 
by the people of their several school corporations. 

[1907, p. 146. Approved March 2, 1907.] 

337. Minimum wages of teachers. 1. The daily wage 
of teachers for teaching in the public schools of the state 
shall not be less, in the case of beginning teachers, than an 
amount determined by multiplying 2V2 cents by the general 
average given such teacher in his highest grade of license 
at the time of contracting. For teachers having had a suc- 
cessful experience for one school year of not less than six 



262 SCHOOL LAW OF INDIANA. 

months, the daily wages shall not be less than an amount 
determined by multiplying 3 cents by the general average 
given such teacher on his highest grade of license at the 
time of contracting. For teachers having had a successful 
experience for three or more school years of not less than 
six months each, the daily wages shall be not less than an 
amount determined by multiplying 3% cents by the general 
average given such teacher on his highest grade of license 
at the time of contracting. All teachers now exempt or 
hereafter exempt from examination shall be paid, as daily 
wages for teaching in the public schools, not less than an 
amount determined by multiplying 3 cents by the general 
average of scholarship ajnd success given such teacher: 
Provided, That the grade of scholarship accounted in each 
case be that given at the teacher's last examination, and 
that the grade of success accounted be that of the teacher's 
term last preceding the date of contracting: And, provid- 
ing, further. That 2 per cent, shall be added to the teacher 's 
general average of scholarship and success for attending 
the county institute the full number of days, and that said 
two per cent, shall be added to the average scholarship of 
beginning teachers. 

338. Teachers' qualifications. 2. The qualifications re- 
quired for teaching for the different classes shall be as fol- 
lows: 

(a.) A teacher without experience: Shall be a graduate 
of a high school or its equivalent. Shall have had not less 
than one term, of twelve weeks' work in a school maintain- 
ing a professional course for the training of teachers. Shall 
have not less than a twelve months ' license. 

(b.) A teacher with one school year's experience: Shall 
be a graduate of a high school or its equivalent. Shall have 
had not less than two terms or twenty-four weeks ' work in 
a school maintaining a professional course for the training 
of teachers or the equivalent of such work. Shall have not 
less than a two years' license. Shall have a success grade. 

(c.) A teacher with three or more years' successful ex- 



School law of indiais-a. 263 

perience: Shall be a graduate of a higli school or its equiv- 
alent. Shall be a graduate from a school maintaining a pro- 
fessional course for the training of teachers, or its equiva- 
lent. Shall have a three years' license or its equivalent. 
Shall have a success grade. 

Provided, That for teachers already in the service, suc- 
cessful experience in teaching shall be accepted as an equiv- 
alent for high school and professional training, as required 
by all the above classifications. 

339. Payment at less rate — Penalty. 3. If any school 
officer shall pay to any teacher for school services at a rate 
less than that fixed by this act, he shall be fined in any 
amount not exceeding $100.00 and shall be liable in a civil 
action for wages to such teacher at the rate provided in this 
act, which may be recovered by such teacher, together with 
an attorney's fee of $25.00, in any court of justice of com- 
petent jurisdiction. 

340. State board of education — Duties. 4. It shall be 
the duty of the state board of education, from time to time, 
to provide regulations which shall define the words "high 
school" and "equivalent" in this act, it being the mtent 
hereof that only such schools be recognized as high schools 
as maintain a standard of scholarship and efficiency and 
course of study to the approval of the state board of edu- 
cation, and that the word "equivalent" as used in this act 
shall mean such a course of study or training or the ability 
to pass such an examination as in the judgment of the state 
board of education would as fully qualify the applicant for 
teaching as the qualification of high school or normal school 
work and the license respectively named above requires. 

341. When act in effect. 5. The provisions of this act 
shall be in force and effect on and after August 1, 1908. 

342. Repeal. 6. All laws and parts of laws in conflict 
herewith are hereby repealed. 

1. Attending county institute. Teachers are not compelled to at- 
tend a county institute, but if they do not attend they will not receive the 
additional two per cent, on their success grades. 



^64 SCHOPL LA\Y OF. INDIANA. 

. 2. Exemption. The. two per cent, given for attendance on a county 
institute applies to exemption license. 

3. State Normal diplomas. Persons liolding diplomas from tlie State 
Normal sclwiol are entitled to the two per cent, for attending the county 
institute, but the said two per cent, must be added to the grades upon 
which their state or county licenses have been issued. 

4. Must attend entiks institute. A teacher is not entitled to the two 
per cent, unless he answers the first roll call and is present daily all the 
sessions, including the last roll call. 

5. City and town teachers. City and town teachers are entitled to 
the two per cent, for attending the county institute. 

6. General percentage. The two per cent, does not raise the teacher's 
general percentage," except for the purpose of determining the amount of 
his wages. 

7. Three years' teaching. Those who have taught three or more 
years are entitled to three and one-half cents, multiplied by their general 
average of scholarship and success, to which two per cent, is added for 
full attendance at county institutes. The term "three years" means three 
terms of school and not 36 months of actual teaching. It matters not in 
what county or state the teaching wasjione. 

8. Teachers receiving salary above legal rate. The salary of teach- 
ers who receive higher daily wages than that provided by the teachers' 
minimum wage law is not affected by such law, and hence the school 
officials need not give to such teachers the two per cent, for attending 
county institutes. 

9. Note. Any trustee contracting below the limit fixed by the statute 
lays himself liable to prosecution. 

[1893, p. 34. Approved and in force February 17. 1893.] 

3421/2- Terms for which teachers may be employed. 

After the passage of this act it shall be'iinlawful for any 
township trustee to contract with any teacher to teach in 
any common school if the actual term of service of such 
teacher under such contract does not begin before the expir- 
ation of the term of office of such trustee. Every contract 
made in violation of the provisions of this section shall, as 
to the township represented by such trustee, and the school 
fund thereunto belonging, be absolutely void; but such 
trustee shall be personally liable to such teacher for all serv- 
ices rendered under such contract, and for all damages 
which he may sustain by reason thereof. (R. S. 1901, 
§5989;R.S. 1897, §6207.) 

1. . Contract of picedecessok. A school trustee can not ignore his pre- 
decessor's contract because of mere formal and technical errors. — Sparta 
School Tp. v. Mendell. 138 Ind. 188. 



SCHOOL LAW OF EPTDIAWA. 



265 



2. Contracts befoke 1893. Prior tq the passage of the above section 
a contract by a retiring township trustee was valid, although the term of 
sclioo'i did not begin until after such trustee's successor had come into his 
office. — School Town of Mili'ord v. Zeigler, 1 Ind. App. 138; Reubelt v. 
School Town of Noblesville, 106 Ind. 478 ; Litten v. Wright School Tp., 1 Ind. 
App. 92. As to suliiciency of a complaint in an action by a teacher for pay- 
fqr his services, see School Town of Rochester v. Shaw, 100 Ind. 268, and 
Owen School Tp. v. Hay, 107 Ind. 351. 

[1865, p. 143. Approved and in force December 20, 1865.] 

343. Special examination. 85. If the persons attached 
to and forming a school district have, at their school meet- 
ing, designated other or a less number of branches of learn- 
ing than those in section 34 of this act (§81) mentioned, 
which the}" desire to have taught in their school, the trustee, 
in employing a teacher for said school, shall require said 
teacher to be examined as to his qualifications to teach the 
branches of learning required by said school meeting. (R. 
S. 1881, § 4502; E. S. 1901, § 5990: E. S. 1897, § 6208.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

344. Director's duties. 29. The director of each school 
shall preside at all meetings of the inhabitants connected 
therewith, and record their proceedings. He shall also act 
as the organ of communication between the inhabitants and 
the township trustee. (E. S. 1881, § 4503; E. S. 1901, 
§5991;E.S. 1897, § 6209.) 

345. He has charge of the school house. 30. lie shall 
take charge of the school house and property belonging 
thereto, under the general order and concurrence of the trus- 
tee, and preserve the same; and shall make all temporary 
repairs of the school house, furniture and fixtures, and pro- 
vide the necessary fuel for the school, reporting the cost 
thereof to the trustee for payment. (E. S. 1881, § 4504; E. 
S. 1901, § 5992; E. S. 1897, § 6210.) 

1. Possession of house. We think the trustee has charge and posses- 
sion of the school house, for although the director has the charge for cer- 
tain purposes, he acts under the order and concurrence of the trustees. — 
Hurd V. Walters, 48 Ind. 148. 



266 SCHOOL LAW OF INDIANA. 

346. Visits schools — May exclude pupils. 31. He shall 
visit and inspect the school, from time to time, and, when 
pecessary, may exclude any refractory pupil therefrom ; but 
the exclusion of any pupil from the school for disorderly 
conduct shall not extend beyond the current term, and may 
be, LQ the discretion of the director, for a shorter period. 
(E. S. 1881, § 4505; R. S. 1901, § 5993; R. S. 1897, § 6211.) 

1. Teacher's powek as to discipline. The law is well settled, as it 
seems to us that the teacher has the right to exact from his pupils obe- 
dience to his lawful and reasonable commands, and to punish disobedience. 
In a recent Wisconsin case it was well said : "In the schools, as in the 
family there exists on the part of the pupils the obligations of obedience to 
lawful commands, subordination, civil deportment, respect for the rights 
of other pupils, and fidelity to duty. These obligations are inherent in any 
proper school system, and constitute, so to speak, the common law of the 
school. Every pupil is presumed to know this law, and is subject to it, 
whether it has or has not been reenacted by the district board in the form 
of written rules and regulations." — Danenhofter v. State, 69 Ind. 295. 

2. Teacher and prPiL — Rules for government of school — Unreason- 
able RULE, A rule established by the teacher of a public school, requiring 
pupils to pay for the wanton and careless destruction of school property, is 
unreasonable, and a teacher has no right to enforce such a rule by chas- 
tisement. 

Carelessness on the part of children is one of the most common and yet 
one of the least blameworthy of their faults. In simple carelessness there 
is no purpose to do wrong. To punish a child for carelessness in any case, 
is to punish it where it has no purpose or intent to do wrong or violate 
rules. But beyond this no rule is reasonable which requires of the pupil 
what they can not do. The vast majority of pupils, whether small or 
large, have no money at their command with which to pay for school prop- 
erty which they injure or destroy by carelessness or otherwise. If re- 
quired to pay for such property they would have to look to their parents or 
guardians for the money. If the parent or guardian should not have the 
money, or if they should should refuse to give it to the child, the child 
would be left subject to punishment for not having done what it had no 
power to do. — State v. Vanderbilt, 116 Ind. 11. 

3. Corporal punishment. A teacher may punish a pupil with kind- 
ness, prudence and propriety, for disobedience of his proper commands ; 
and when the punishment is reasonable, he can not be prosecuted for as- 
sault and battery. — Cooper v. McJunkin, 4 Ind. 290; Danenhoffer v. State, 
69 Ind. 295. 

The teacher may exact compliance with all reasonable commands, and 
enforce obedience by inflicting corporal punishment, in a kind and reason- 
able manner, upon a pupil for disobedience. Such punishment must be 
within the bounds of moderation, and apportioned to the gravity of the 
offense; but when complaint is made, the judgment of the teacher as to 



SCHOOL LAW OF IKDIANA. 



267 



what the situation required should have weight, as in the case of a parent 
under similar circumstnnces, and the reasonableness of the punishment 
must be determined upon the facts of the particular case. The presumption 
is that the teacher did nothing more than his duty. The legitimate object 
of chastisement is to inflict punishment by the pain which it causes, as 
well as by the degradation it implies ; and it does not follow that chastise- 
ment was cruel or excessive because pain was produced, or abrasions of 
the skin resulted from a -switch used by the teacher. When a proper 
weapon has been used, the character of the chastisement with I'eference to 
any alleged cruelty or excess, must be determined by the nature of the 
offense, the age, physical and mental condition, as well as the personal at- 
tributes, of the pupil, and the deportment of the teacher. — Vanactor v. State, 
113 Ind. 276; Danenhoffer v. State, 79 Ind. 75. 

4. Damages. Public officers to whom matters may be submitted for 
their determination, the consideration of which requires an exercise of their 
deliberative judgments, are not answerable in damages for mere errors of 
judgment, unaccompanied with malice or bad faith. — Fertich v. Michener, 
111 Ind. 472. 

5. Mandamus. Mandamus lies to compel the restoration of a pupil il- 
legally suspended or expelled. — State v. White, 82 Ind. 278. 

6. Not contempt of couet. A boy was suspended for violation of a 
rule and readmitted by order of the court. He was suspended a second 
time for violation of the same rule, and it was held that the second suspen- 
sion was not a contempt of court. — Bowers v. State, 127 Ind. 272. 

347. Appeal to trustee. .32. The decision of a director 
in excluding a pupil shall be subject to appeal to the town- 
ship trustee, whose decision shall be final. (R. S. 1881, § 
4506; R. S. 1901, § 5994; R. S. 1897, § 6212.) 

1. How APPEAL TAKEN, The parent or guardian, or the pupil himself, 
may appeal. No formal documents are necessary, and the trustee has the 
right to make an investigation upon a verbal statement. But he should 
make a record of the facts in the case and of his decision thereon, 

348. Insulting teacher. 162. Tf any parent, guardian, 
or other person, from any cause, fancied or real, visit a 
school with the avowed intention of upbraiding or insulting 
the teacher in the presence of the school, and shall so up- 
braid or insult the teacher, such person, for such conduct, 
shall be liable to a fine of not more than twenty-five dollars, 
which, when collected shall go into the general tuition rev- 
enue. (R. S. 1881, § 4507; R. S'. 1901, § 5995; R. S. 1897, 
§ 6213.) 

1. Paet UNCONSTITUTIONAL. The provlslou that the proceeds of the 
fine shall go into the general tuition revenue is void, since the constitution 



268 SCHOOL LAW OF INDIANA. 

(viii. 2) makes fines assessed for breaches of penal laws of the state a part 
of the common school fund. 

2. Assault on teacher. A township trustee and the school director, 
upon the refusal of a duly employed teacher to allow a vacation of the 
school for a time, which they and certain patrons of the school had de- 
uaanded, entered the school house, of which the teacher was in rightful, 
peaceable possession, seized him, and pulled, dragged and threw him out of 
the building and inflicting serious injuries upon him ; they were held guilty 
of a wrongful assault and battery, and liable for the damage he sustained. 
—White V. Kellogg, 119 Ind. 320. 

349. Title to school propertj^ 157. The title to all 
lands acquired for school purposes shall be conveyed to the 
township, incorporated town, or city for which it is ac- 
quired, in the corporate name of such township, town or 
city, which is used for school purposes, for the use of com- 
mon schools therein. In all cases in which the title to any 
such land is vested in any other person or corporation than 
as above provided, it shall be the duty of the trustee, for 
school purposes of the township, town, or city, to procure 
the title to be vested as in this section provided. (R. S. 
1881, § 4508; R. S. 1901, § 5996; R. S. 1897, § 6214.) 

1. Trust title — Change of trustee. The corporation (township, 
town, or city) holds the title in trust for school purposes, and upon the 
incorporation of a town, it becomes the trustee, and entitles to such real 
estate as lies within its boundaries. — Carson v. State, 27 Ind. 465; School 
Town of Leesburg v. Plain School Township, 8(3 Ind. 582 — and can compel 
the trustee of the township to convey the school house and lot to it. — School 
Township of Alien v. School lown of Macy, 109 Ind. 559. A town organ- 
ized as a school corporation is the proper plaintiff in an action to recover 
land previously deeded for school purposes to the school township in which 
it is situated. Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141 ; 
Board v. Center Tp., 143 Ind. 391. 

2. Formation of iown — Revenue. If a town is formed out of a por- 
tion of a township, the school trustees of the town are entitled to demand 
and receive of the township trustee the proportion of school moneys belong- 
ing to the town, and it is the duty of the township trustee to ascertain 
the amount and pay it over to the town school board.— Johnson v. Smith, 
64 Ind. 275. 

So when a new township is created by a division of the territory of an 
existing township, the former is entitled to an equitable division of the 
school fund belonging, or to be apportioned, to the township as originally 
constituted ; and if there be no debt to be provided for, the new township 
should receive its proportionate share of the special school revenue and tui- 



SCHOOL LAW OF INDIANA. 



269 



tion fund, which should be apportioned upon the basis of the enumeration 
of school children residing in the territory constituting such new township. 
— Towle V. Brown, 110 Ind. 65, 599. 

3. CoEFOEATE LIMITS — CoNDiTioNAi, DEED. A school Corporation can not 
establish a school outside of its territorial limits. — State v. Shields, 56 
Ind. 521. 

You saj' that a lot was deeded to a township "for school purposes," 
and ask if the house built thereon will revert to the original owner if the 
trustee decides to change the location of the school house. If the above 
quotation is all that is expressed in the deed upon that subject, then I 
think the property will not revert to the original owner. If the deed should 
say "so long as used for school purposes," then I suppose it might revert 
to the original owner. — Newpoint Lodge v. School Town of Newpoint, 138 
Ind." 141. 

4. Highways. Real estate and buildings held by a school township 
for school purposes are subject to appropriation for highways, as other 
private property. — Rominger v. Simmons, 88 Ind. 453. 

350. Use of school house. 158. "When a school house is 
unoccupied by a common school of the state, and the people 
who form the school at such house desire that a private 
school be taught therein, and a majority of them make ap- 
plication to the trustee having charge of such house for the 
use of it for such private school, it shalJ be the duty of the 
trustee to permit said school house to be used for such pri- 
vate school by such teacher as may be mentioned in the ap- 
plication, but not for a longer time than until said house 
may be wanted for a public school ; and such permission and 
use shall be upon the condition that the teacher employed in 
said school shall report, in writing, to the trustee — 

First. The number of teachers employed, distinguishing 
between male and female. 

Second. The number of pupils admitted into the school 
within the term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said 
school. (E. S. 1881, § 4509; R. S. 1901, § 5998; R. S. 1897, 
§ 6215.) 

1. Teacher's report — Care of house. It is not the intention of this 
section to deny the trustee the right to permit the use of a school house 
for a private school, in the absence of a petition, unless there shall be a 
protest of a majority of the district against such use. In order to secure 
proper qualification on the part of the teacher, it is recommended that. 



270 SCHOOL LAW OF ITTOIAIJA. 

other things equal, the house be let to a teacher holding a valid license. 
To secure the preservation of the house, it is recommended that some re- 
liable party should be held responsible to the trustees for the proper care 
of such property, and for repair of all damages. This party may be the 
teacher or some other, as may be agreed upon. It is hoped that trustees 
will insist upon reports from teachers, as provided for in this section. 

2. Trustee's discretion. The people who form the school at such 
house must be construed to mean the persons entitled to vote at the school 
meetings. The trustee has no discretion as to permitting the use of a 
school house for a private school when applied for as provided in this 
section. He must permit the use. The teacher occupying a school house, 
under such petition, thereby obligates himself to comply with the condi- 
tions contained in the law as to reporting. 



[1859, p. 181. Approved March 3, 1859, and in force May 6, 1859.] 

351. Use of school house. 6. If a majority of the legal 
voters of any school district desire the use of the school 
house of such district for other purposes than common 
schools, when unoccupied for common school purposes, the 
trustee sball, upon such application, authorize the director 
of such school district to permit the people of such district 
to use the house for any such purpose, giving equal rights 
and privileges to ail religious denominations and political 
partfes, without any regard whatever to the numerical 
strength of any religious denomination or political party 
of such district. (U. S. 1881, § 4510; R. S. 1901, § 5999; R. 
S. 1897, § 6216.) 

1. Use of the school house. The trustee, upon application of a 
majority of the legal voters of a school district, may authorize the director 
to permit the use of the house for other than school purposes, and a com- 
plaint to enjoin such use must aver that a majority of the legal voters of 
the district have not expressed a desire therefor. — Hurd v. Walters, 48 
Ind. 148. 

2. Trustee's power and duties. The trustee is made responsible for 
the care, management and preservation of the school houses in his school 
corporation. This trust he can not alienate. It is true that it is his duty 
to permit the school house to be used for other than school purposes when 
the terms of the law have been complied with, but it is equally true that 
it is contemplated by the law that the trustee shall retain such control of 
the school house as will enable him to enforce the provisions of the law. 
Inasmuch as the trustee must give equal rights and privileges to all re- 
ligious denominations and political parties, it is clear that he can not make 
a contract with any party by reason of which one denomination or one 



SCHOOL LAW OF INDIANA. " 271 

political party shall obtain pospession of the house to the exclusion of any 
other, except for the time beius, or by which the control of the house shall 
pass from his hands. 

It is not necessary tliat the voters of a district petition the trustee 
on each separate occasion that tlie Iiouse is desired for other than school 
purposes, but if a general petition is filed with the trustee, in i)roi)er form.. 
re(iuesting. for example, that the house be used for religious purposes, he 
may then permit the house to be so used as occasions may re<iuire. In 
the absence of an expressed desire on the part of the voters of a district, 
it is held that the trustee may. throush the spirit of accommodation, ratlier 
than by a strict construction of the law, permit school houses to be used 
for relig^ious and other pulilic meetings when he is satisfied that a majority 
of the district does not object. 

In all cases when school houses are used for such purposes, it is the 
duty of the trustee to prescribe and enforce such rules and regulations as 
VA'ill protect the property from injury. It Is evident that the provisions of 
this section apply only to districts in townships, and not to cities and in- 
corporated towns. 

[1865, p. 3. Approved and in force March 6, 1865.] 

352. School house, when sold. 149. The proper trustee 
may, whenever a school house shall have been removed to a 
different location, or a new one erected for the school in a 
different place, if the land whereon the same is situated be- 
longs unconditionally to the township, town or city, sell the 
same, when, in his opinion, it is advantageous to the town- 
ship, town or city, so to do, for the highest price that can 
be obtained therefor; and upon the payment of the purchase 
money to the township, town or city treasurer, he shall ex- 
ecute to the purchaser a deed of conveyance, which shall be 
sufficient to vest in such purchaser all the title of such town- 
ship, town or city thereto. The money derived from such 
sale shall be a part of the special school revenue. (R. S. 
1881, § 4511; R. S. 1894, § 6000; R. S. 1897, § 6217.) 

[1907, p. 575. Approved and in force March 12, 1907.] 

353. Sale of school property by township trustees. 1. 
In all cases where school properties have not been used and 
occupied for school purposes for a period of two years, or 
are unnecessary by reason of the construction of other 
school houses, and the said school property shall belong un- 



272 SCHOOL LAW OF INDIANA. 

conditionally to the township, the proper trustee may, npon 
petition signed by two-thirds (2-3) of the qualified voters 
of the school district T^herein said property is situated, sell 
the same for the highest price that can be obtained thev-efor, 
but not less than two-thirds of its appraised value, and upon 
the payment of the purchase money to the township tiustee, 
he shall execute to the purchaser a deed of conveyiuce, if 
of real estate, and a bill of sale if of building or 1)uildings, 
which shall be sufficient to vest in such purchaser ail the 
title of such township thereto. Such sale shall be made only 
after said property has been duly appraised by three disin- 
terested householders of the neighborhood, as other prop- 
erty is required to be appraised, and the publication of no- 
tice of the sale thereof for three successive weeks in a news- 
paper of general circulation printed and published in the 
township, if any, otherwise in such paper printed and pub- 
lished in the township nearest thereto, and by posting five 
(5) notices of such sale in the township, three of which shall 
be in the district wherein said property is situated, at least 
three weeks prior to the date of such sale. The money de- 
rived from such sale shall be a part of the special school 
revenue, and shall be duly reported and accounted for by 
such trustee. 

1. Conveyances. A deed to the school township for the use of the 
township for school purposes is an absolute and not a conditional convey- 
ance ; and the township may sell the property so deeded. The deed of the 
township should be made in the name of the school township, and signed 
by the trustee. School boards of cities and towns may sell and convey 
a school lot upon the conditions named in this section. — Section 349. 

2. In the administration of the law set out in section 354, three cases 
arise : 

First. When the school house is within the limits of the township, the 
township trustee controls and sells it. 

Second. When the school house is situated within territory which is 
afterward incorporated into a town, then the title vests in the town, and 
the property is controlled by the school trustees of the town. — Section 355. 
See Carson v. State, 27 Ind. 465; School Township of Allen v. School 
Town of Macy, 109 Ind. 559; School Town of Leesburgh v. Plain School 
Township, S6 Ind. 582. 

Third. When the school house is located on territory which Is taken 
into a city by addition, then the school trustees of the city control it. — See 
Heizer v. Yohn. 37 Ind. 415 ; Reckert v. City of Peru, 60 Ind. 473. 



SCHOOL LAW OF IITOLAJS^A. 273 

3. Cojsr\T;i'ANCE to the city or town. When a school house is taken 
within a city or town, it is the dutj' of the township trustee to convey it 
to such city or town.- — Section 355. 

[1893, p. 194. Approved and in force March 3, 1893.] 

354. School house in annexed, territory. 1. Whenever 
there has been, or may hereafter be, by proper proceedings, 
any territorj" annexed to any eity or incorporated tovvn of 
this state, which territory inchided within snch boundary 
as annexed any real estate which, prior to snch annexation, 
was the property of the school township adjoining such 
town or city, and nsed for school pnrposes by snch school 
township, snch real estate shall, by virtne of snch annexa- 
tion, at once become in fee simjjle the property of the school 
corporation of such town or city within the corporate boun- 
daries of which it is found after such annexation of terri- 
tory, and it is hereby made the duty of the township trustee 
to at Ciice execute and deliver to the school corporation ot' 
such town 01 cil; a deed conveying such title as his school 
township has for ail school property which has passed, by 
such proceedings, from the territorial jurisdiction of the 
township to that c/i a town or city. CE. S. 1901, y 5997; IJ. 
S. JS97, § 6218.) 

1. Sectio]v vALiD. The above section is valid, even if the old town- 
ship is in debt for the school house, and the annexing city or town is not 
bound to contribute to the payment of the debt. If the township trustee 
refuses or neglects to convey the property to such annexing city or town 
he may be compelled to do so by mandate of the courts. — Board v. Center 
Township, 143 Ind. 391. This decision modifies the following cases : Car- 
son V. State, 27 Ind. 405 ; Heizer v. Yohn, 37 Ind. 415 ; State v. Shield, 56 
Ind. r.21 ; Rechert v. City of Peru, 60 Ind. 473 ; School Township of Lees- 
burgh V. Plain School Township, 8G Ind. .582 ; School Township of Allen v. 
School I'own of Macy, 109 Ind. 559 ; Newpoint Lodge v. School Town of 
Newpoint, 138 Ind. 141. 

[1899, p. 376. Approved and in force March 3, 1899.] 

355. Pay for school house in annexed territory. 1. In 

all cases where any city or incorporated town of this state 
has annexed or shall hereafter annex any territory, or where 
any town shall be hereafter incorporated in which territory 



274 SCHOOL LAW OF iNDIAJfA. 

SO annexed or incorporated there was or shall he the prop- 
erty of any school township used by such school township 
for school purposes, and such school township was, or shall 
be at the date of such annexations, indebted either for the 
purchase of said school property, or for buildings construct- 
ed thereon, which indebtedness is uni)aid at the date of the 
passage of this act, it shall and is hereby made the duty of 
the school corporation of such city or incorporated town 
to pay such indebtedness, and such school corporation is 
hereby declared to be and made liable therefor. Until such 
city or town school corporation shall have paid such in- 
debtedness, it shall not be entitled to possession of sucli 
property, or to a deed therefor, and upon paying such in- 
debtedness by said school township, such school township 
shall be entitled to recover the amount so paid from said 
city school corporation with interest at the rate of six per 
cent, per annum from date of payment, and on payment of 
such amount the said school corporation shall be entitled to 
a deed and possession of such property as now by law pro- 
vided. (R. S. 1901, § 5997a.) 

1. iSoTE. Where a town is Incorporated, and within the incorporated 
limits is a tpwnship school house, the town is not liable to pay the town- 
ship for the same, the above section having no application to such an in- 
stance. It is only where a city or town, already in existence, annexes 
territory in which is situated a township school house that such city or 
town is liable. — Maumee School 1'p. v. School Town of Shirley City, 159 
Ind. 423 , 65 N. E. Rep. 2S5. 

[1877, p. 126. Approved and in force March 7, 1877.] 

356. Donations and bequests. 1. Whenever any per- 
son shall give or bequeath unto trustees any sum of money 
exceeding five thousand dollars, for the purpose of erecting 
a public school building or seminary in any unincorporated 
town in this state, and upon the express or implied condi- 
tion contained in said bequest that an amount equal there- 
to shall be raised by the citizens of said town or township 
for a like purpose, the township trustee of said township in 
which said town is situated shall, upon the petition of a ma- 



SCHOOL LAW OF INDIANA. 



275 



jority of the legal voters of said township, be authorized to 
prepare, issue and sell the bonds of said township, to secure 
a loan not exceeding fifteen thousand dollars in anticipa- 
tion of the revenue for special school purposes, for the pur- 
pose of complying with the condition annexed to such gift 
or devise — said bonds to bear a rate of interest not exceed- 
ing seven per cent, per annum, payable at such time, with- 
in seven years from date, as such trustee may determine: 
Provided, That until all the bonds of any one issue shall 
have been redeemed, such township trustee shall not be 
authorized to make another issue, nor shall any such bonds 
be sold at a less rate than ninety-five cents on the dollar. 
(R. S. 1881, § 45U; R. S. 1901, § 6003; R. S. 1897, § 6224.) 

1. I'owEK OF COUNTY. The county board has no power to appropriate 
jnoney out of the general fund of the county to build a school house. — 
Rothrock v. Carr, 55 Ind, 334. But see couuty high schools, section 36i. 

2. See also section 350. 

357. Majority of voters. 2. The whole number of votes 
cast for candidates for congress at the last preceding con- 
gressional election in the township shall be deemed to be 
the whole number of legal voters of such township, a ma- 
jority of whose names shall be signed to the petition pre- 
sented to such township trustee; to which petition shall be 
attached the affidavit or affidavits, as such trustee may deem 
necessary, of a competent and credible person or persons 
that the signature of all the names to said petition are gen- 
uine, and that the persons whose names are thereto signed 
are, as he believes, legal voters of such township. (R. S. 
1881, § 4515; R. S. 1901, § 6004; R. S. 1897, § 6225.) 

358. Sale of bonds. 3. The township trustee shall re- 
cord such petition, together with the names attached, in the 
record-book of his township, and carefully file away and 
preserve said petition, and shall enter in such record a 
statement of the time when such petition was filed ; and, if 
said trustee shall then be satisfied that said petition con- 
tains the names of a majority of the legal voters of said 

(18J 



276 SCHOOL LAW OF INDIANA. 

township, he shall then prepare, issue and sell bonds to the 
amount petitioned for in such petition, as provided in sec- 
tion 1 of this act (section 4514), and shall accurately keep 
a record of all proceedings in and about the issue and sale 
of such bonds, to whom, and for what amount sold, the rate 
of interest they bear, and the tim.e when they become due. 
(R. S. 1881, § 4516; E. S. 1901, § 6005; R. S. 1897, § 6226.) 

[1901, p. 555. Approved and in force March 11, 1901.] 

359. Donations may be made to school corporations. 1. 

All common school corporations of this state be and they 
hereby are authorized and empowered to acquire by gift, 
devise or bequest real estate and personal property, and 
any such gift, devise or bequest heretofore made is hereby 
legalized validated as fully as if made after the taking ef- 
fect of this act. 

360. Conditional gift. 2. Any such common school cor- 
poration which has heretofore acquired or shall hereafter 
acquire any personal property or real estate by gift, devise 
or bequest, in respect of which the donor or testator at the 
time of making the same, has annexed or may annex condi- 
tions or directions concerning the manner in which the same 
shall be held, used, enjoyed or disposed of, shall hold, use, 
enjoy and dispose of the same agreeably to the terms and 
conditions so imposed by the donor or devisor. (R. S. 1901, 
§ 6005b.) 

361. Income from gifts, how used. 8. In every case 
where any such common school corporation has heretofore 
acquired or shall hereafter acquire any personal property 
or real estate by glft^ devise and bequest in respect of which 
the donor or testator, at the time making the same, has not 
or shall not annex conditions or directions concerning the 
same inconsistent with the requirements of this section, the 
principal of such gifts, devises and bequests shall be invio- 
late, but the interest, rents, incomes, issues and profits, 
thereof, may be expended by such school corporation. Such 



SCHOOL LAW OF INDIANA. 



277 



interest, rents, incomes, issues and profits shall not be de- 
voted to the payment of any obligation of the corporation 
incurred before the property was acquired, nor to the pay- 
ment of the salaries or wages of teachers, of the branches 
commonly and generally taught in the public schools, or for 
school or library officers or employes, nor to the purchase 
of ordinary school furniture or supplies of the character re- 
quired by the corporation to be paid for from the current 
income or revenue coming to it from taxes or by operation 
of law, but the same may be devoted to any public educa- 
tional or public library or kindred purpose, for which in the 
judgment of the managing board or trustee of the corpora- 
tion adequate financial provision shall not have been made 
by law. If in the judgment of such boafd or trustee, it 
seems wise to invest the principal of the gift, devise or be- 
quest in the erection or equipping, or both, of a building to 
be devoted to some special use of a public educational or 
library character, ' and the expressed will of the donor or 
testator will not thereby be violated, the principal may be 
so used, anything in this act to the contrary notwithstand- 
ing, but this provision shall not be construed to permit its 
use for the building or equipping of buildings for the ordi- 
nary graded or high schools. 

362. Trustee for gift — Powers. 4. If in the judgment 
of the board of trustees or school commissioners of any cor- 
poration coming under the terms of this act, it would be 
wise to appoint a trustee or trustees to hold the title to any 
such property, real or personal, heretofore acquired or that 
may be hereafter acquired by it in the manner mentioned 
in this act, unless the wish and will of the donor or testator 
expressed as aforesaid would thereby be violated, and to 
invest the principal and pay over from time to time only 
the net interests, rents, issues, incomes and profits of the 
fund to the school corporation for use as in this act pro- 
vided, such school corporation is hereby authorized and em- 
powered to name and appoint such trustee or trustees and 
to vest in him or them the title to such property subject to 



278 SCHOOL LAW OF INDIANA. 

such trust and powers as the school corporation may im- 
pose not inconsistent with the wish or will of the donor or 
testator, expressed as aforesaid, or of the provisions of this 
act applicable to such property in case no such transfer to 
a trustee has been made. Provided, That if the managing 
board of such school corporation shall consist of fewer than 
three persons, and the school corporation elects to have the 
property held and managed by trustees, the corporation 
shall establish the terms of the trust and make the convey- 
ance, but the trustees shall in such case be not fewer than 
three and shall be named and appointed by the judge of the 
circuit court of the county in which the school corporation 
is domiciled. (B. g. 1901,^ § 6005d.) 

363. Identity of gift not to be lost. 5. It is the main 
purpose of this act that the identity of the principal of gifts 
and benefactions of friends of the state's public schools 
may not be lost and that the income from their investment 
shall be used in giving to school children and the public ed- 
ucational and library advantages that could not be enjoyed 
if only the school and library revenue and income provided 
by law were available, but nothing in this act shall be con- 
strued as a limitation against the investment and reinvest- 
ment either by the school corporation itself or the trustees 
appointed agreeably to this act, from time to time as the 
safety of the fund or the best interests of the corporation 
may to the school corporation to which it is given, seem to 
require. (R. S. 1901. § 6005e.) 

[1905, p. 16. Approved February 17, 1905. In force April 15, 1905.] 

364. Donations for high schools. 1. Whenever any 
person, or persons, shall donate to any county of the state, 
any building, or buildings, together with the necessary 
grounds, of the value of not less than $20,000, in counties 
having a population of 25,000 and less, and in counties hav- 
ing a population in excess of 25,000, $30,000, for the purpose 
of maintaining a coimty high school therein, it shall be the 



SCHOOL LAW OF INDIANA. 279 

duty of the board of county commissioners of such county 
to accept such donation for the purpose herein named. 

1. Note. The board of county commissioners can not build the school 
house of an ordinary school district, nor pay any part of its cost. — Roth- 
rock V. Carr, 55 Ind. 334. 



[1889, p. 400. Approved and in force March 11, 1889.] 

365. Trustees. 2. Whenever the board of commission- 
ers of any county shall accept any donation as provided in 
the preceding section of this act, it shall be the duty of the 
county board of education, together with the county com- 
missioners, to meet at the auditor's office within ten days 
after such acceptance, and annually thereafter on the first 
day of May, for the purpose of electing trustees for such 
school. At the first of said meetings three trustees shall be 
elected to serve until the first, second and third annual elec-. 
tion, respectively, to be determined by lot, and one trustee 
shall be elected at each annual election, to serve for a term 
of three years. Said persons shall constitute a board of 
trustees for the management of said school and before en- 
tering upon the duties of their office, shall take an oath 
faithfully to discharge the duties of the same. They shall 
meet within five days after their election at the office of the 
county superintendent of said county and organize by elect- 
ing one of their number president, one secretary, and one 
treasurer. The treasurer, before entering upon the duty of 
his office, shall execute a bond to the acceptance of the 
county auditor, conditioned as ordinary official bonds, with 
at least two freehold sureties who shall not be members of 
said board of trustees, in a sum not less than double the 
amount of money which may come into his hands within 
the ensuing year by virtue of his office. The president and 
secretary shall each give bond, with like sureties, in the 
sum of one thousand dollars; all of said bonds to be ap- 
proved by the county auditor. All vacancies that may oc- 
cur in said board of trustees shall be filed by the county 
auditor. The board of trustees shall each year, within five 



280 SCHOOL LAW OF INDIANA. 

days after the annual election of a member, reorganize 
their board and execute their respective bonds for the en- 
suing year. Said trustees shall receive for their services 
such compensation as the board of county commissioners 
may deem just — their allowance to be drawn from the reve- 
nues ot said school. (E. S. 1901, § 6188.) 

366. Duties of trustees. 3. It shall be the duty of such 
board of trustees — 

First. To levy annually a tax for the support of said 
county school, which tax shall be assessed and collected as 
the taxes for state and county revenues are assessed and col- 
lected: Provided, That no such tax levy, in any one year, 
shall exceed the sum of fifteen cents on each one hundred 
dollars oi the taxable propert}^ in their respective counties. 

Second. To take control of all property belonging to said 
school and to make all necessary improvements and repairs 
to the same; to organize such school and adopt and enforce 
rules for the government of the same, purchase apparatus 
and general supplies, employ and pay teachers, appoint su- 
perintendent, establish a course of study; to admit to such 
county school all pupils resident of the county who are pre- 
pared to enter the high school department of the common 
schools, without cost of tuition; to fix terms and rules for 
admitting pupils not resident of their respective counties, 
and to do all other necessary acts for the proper manage- 
ment of said school. ("R. S. 1901, § 6189.) 

[1907, p. 114. Approved and in force March 1, 1907.] 

367. Appropriation of real estate — Petition. 1. When- 
ever, in the opinion of the trustees of school corporations of 
any city or town, or of the township trustee of any township 
in the state, it shall be considered necessary to purchase any 
real estate on which to build a school house, or for any other 
purpose connected therewith, such township trustee or 
school trustees, or a majority of them, may file a petition 
in the circuit court of said county, asking for the appoint- 



SCHOOL LAW OF INDIANA. 281 

ment of appraisers to appraise and assess the value of said 
real estate. 

1. Locations, The question as to where school houses shall be lo- 
cated, and where laud shall be acquired for that purpose, is left to the 
sound discretion of the trustee ; and upon an application by the trustee 
to the circuit court to acquire land for a school house, questions respecting 

■ the location selected are not triable. The method of ti-ying such questions 
is by appeeal to the county superintendent, as provided by section 328, 
note 6.— Bradeu v. McNutt, 114 Ind. 214. 

2. School T()w:'nSij'v builds. The school township and not the civil 
townsiiip, must build the school house ; and a note given by the civil town- 
ship for the cost of constructing a school house is void. — Wingate v. Harri- 
son School Township, 09 Ind. 520. 

3. Disagreement among trustees. In cities and towns the school 
trustees determine where and when a school house is j.ecessary and con- 
venient, and a contract by the trustees for the building of such school 
house is binding, although one of the trustees protested against it. — Crist 
V. BrovN^nsville Tp., 10 Ind. 4C.1. 

4. I'raud. Au acliou ]]iay be maintained to enjoin the construction 
of a school house, on the ground of fraud on the part of the township 
trustee, m the making of the contract, in the name of the state for the 
use of the civil township ; and the remedy provided for an appeal to the 
county superintendent, is not in such a case exclusive, and does not pre- 
vent the bringing of the action. — State v. Earhart, 27 Ind. 119. 

5. County board oi commissioners. A county board of commissioners 
can not make an allowance to build a school house. — Rothrock v. Carr, 55 
Ind. 334. But see county high schools, section 3G4. 

368. Appraisement. 2. Upon said petition being filed, 
the owner or owners of said real estate, having had ten 
days' notice of the pendency thereof, the court shall ap- 
point three freeholders, resident in said school corporation 
or said township where said real estate is situate, to ap- 
praise and assess the value thereof. 

369. Duty of appraisers — Paj^ment — Title — Trial. 3. 
Said appraisers, before making said appraisement and as- 
sessment, shall take an oath before the clerk of said court 
to make a fair, true and honest appraisement of said real 
estate and shall then proceed to examine said real estate, 
hear such evidence as they may consider necessary and 
make report of their appraisement to said court within 
five days after their appointment; and thereupon such 



282 SCHOOL LAW OF INDIANA. 

townsliip trustee or school trustees of such school corpora- 
tion, or a majority of them, may pay to the clerk of said 
court, for the use of the owner or owners thereof, the 
amount thus assessed, and upon such payment being made 
and the same having been shown to the court hearing said 
cause, the title to said real estate shall at once vest in such 
school corporation or school township for said purposes, 
and said court shall cause said real estate to be conveyed 
to said school corpration or school township by a commis- 
sioner appointed therefor, and said school corporation or 
school township may immediately take possession of said 
real estate for said purpose. Upon the report of said ap- 
praisers being filed, any party to the action, within ten 
days, may except to the amount of the appraisement and 
valuation of said real estate, and a trial may be had there- 
on before said court as other civil causes are tried, and said 
court shall fix the amount of said appraisement and assess- 
ment, and any party to said action may appeal from the 
judgment of said court as other civil cases are appealed: 
Provided, That should said township trustee or school trus- 
tees, or a majority of them, except to the amount of the 
appraisement and assessment as aforesaid, the court shall 
convey said real estate 'to said school corporation or school 
township, and the title to said real estate shall at once vest 
in said school corporation or school township for said pur- 
poses, and the subsequent proceedings upon said exceptions 
shall only affect the amount of such appraisement and as- 
sessments. 

LocAiioN OF SCHOOL HOUSE. The questioii when and where a school 
shall be located is left to the discretion of tlie trustee ; and that question 
can not be tried on condemnation proceedings. — Braden v. McNutt, 114 
Ind. 214. 

370. Tender before appraisement — Costs. 4. Before 
the filing of said petition said township trustee or school 
trustees, or a majority of them, may oifer or tender to the 
owner or owners of said real estate an amount deemed a 
reasonable value therefor, and should the amount fixed by 



SCHOOL LAW OF IKDIANA. 



283 



the appraisers or by tlie court subsequently thereto be the 
same or less than the amount so tendered, then said cause 
shall be prosecuted at the cost of the owner or owners of 
said real estate, and upon exception to the amount fixed by 
the appraisers, should said exceptor not increase the 
amount of said appraisement and assessment, the action 
on such exception shall be at the cost of such exceptor. 
Where no amount has been tendered by said township 
trustee or school trustees, or a majority of them, and no 
exception taken, the action shall be prosecuted at the cost 
of the petitioners. 

371. Repeal. 5. The act entitled * ' an act to provide for 
the appropriation of real estate for school purposes," 
approved April 16, 1881, is hereby repealed. 

[1903. p. 357. Approved and in force March 9, 1903.] 

372. School property liable for public improvements. 1. 
All common school corporations of this state shall here- 
after possess the same powers and be subject to the same 
duties and liabilities in respect to municipal assessments 
for the cost of public improvements affecting their real 
estate that private owners of real estate possess or are sub- 
ject to, and that the real estate of such corporations shall 
be subject to liens for such municipal assessments for pub- 
lic improvements in all cases where the same property 
would be so subject had it, at the time the lien attaches, 
been owned by a private owner, except that no penalty or 
attorney's fee in respect of any such municipal assessment 
shall be collectible from any such school corporation. 

1. NorE. On page 334 of nets 1003. the same statute is published. 
According to the usual canons of f-^tatutory interpretation, the act here 
set out repeals that one, although the result of the enactment of that statute 
remains the same. 

373. Former payments legalized — Lien. 2. Whenever 
any such public improvement has been heretofore made 
and it has been paid for by a common school corporation 



284 SCHOOL LAW OF INDIANA. 

out of its special school revenue, the act of the corporation 
in making the payment is hereby validated, and in every 
case where such an improvement has heretofore been made, 
but the cost has not yet been paid, where, if the real estate 
had been at the time in private ownership, a valid munici- 
pal assessment lien would have existed for the cost thereof, 
and such a lien has been sought to be taken, which lien 
would, as against a private owner, be valid, the same as 
against such common school property, is hereby validated 
and made as enforceable as it would be had the property 
been, at the time the lien was sought to be taken, in private 
ownership, but no penalty or attorney's fee shall be col- 
lectible ; and it is hereby made the duty of every such com- 
mon school corporation to pay and discharge such lien out 
of the special school revenue, and not otherwise appropri 
ated. 

[1907, p. 340. Approved and in force March 9, 1907.] 

374. Special school fund. 1. Whenever any township 
of the state of Indiana sh^ll have collected any special 
school fund for the special or specific purpose of erecting 
or constructing a school building and it shall have been de- 
cided by the township trustee of such township to abandon 
the proposed work of erecting or constructing such school 
building, it shall be the duty of the township trustee of 
such township to transfer such special school fund col- 
lected for such special or specific purpose to the township 
fund of such township upon the order of the advisory 
board of such township to make such transfer of such spe- 
cial school fund, and it shall be lawful thereafter to use 
such funds for any purpose for which the township funds 
of such township may be used. 

[1907, p. 615. Approved and in force March 12, 1907.J 

375. Legalizing" act — Township trustee and advisory 
board. 1. Where in any township or townships in the 
state of Indiana there was at the time when money was 



SCHOOL LAW OF INDIANA. 285 

needed by said tovmsliip, or townships, for building pur- 
poses, a sufficient sum of money in the sinking fund for 
the necessary building purposes and no funds sufficient in 
the building fund of said township, or townships, and the 
trustee, without fraud, and in good faith, and with the con- 
sent and upon the advice of the advisory board of said 
township or townships has used the sinking fund in a judi- 
cious and legal manner for building purposes, and the said 
sinking fund at the time not being needed to pay off any 
bonded indebtedness, or interest on same, then the acts of 
said trustee and advisory board are hereby legalizied and 
made valid, and said trustee shall not be liable upon his 
bond for the sum so used : Provided, That the provisions 
of this act shall not apply to or affect any pending litiga- 
tion. 

[1907, p. 637. Approved and in force March 12, 1907.] 

376. Flags. 1. ^HDenever the money therefor shall be 
donated from any source or by any person or persons, it 
shall be the duty of the school truBtees of the various school 
corporations of this state to procure with such money for 
any school when money has been so provided, a United 
States flag not less than six feet long. 

377. Display of flag. 2. The school trustees in the vari- 
ous school corporations in the state shall cause the United 
States flag to be displayed upon the public school buildings 
or premises therein, on all national and state holidays, at 
such other times as they may direct, and such school trus- 
tees shall establish rules and regulations for the proper 
care, custody and display of the flag; and when for any 
cause it is not displayed it shall be placed conspicuously 
in the principal room or assembly hall of the school 
building. 

378. Destruction or Mutilation. 3. It shall be unlawful 
for any person to mutilate or destroy any flag so owned 
by said school corporation, or to mutilate or destroy any 



286 SCHOOL LAW OF INBIANA. 

flagstaff or appliances belonging to said school corpora- 
tions as aforesaid. 

379. Penalty. 4. Any person violating tlie provisions 
of section 3 of this act shall be guilty of misdemeanor and 
on conviction shall be pnnished by a fine of not less than 
$25.00 for the first offense, and not more than $100.00 for 
the second offense, -to which may be added imprisonment 
for not more than thirty days. 

fl905, p. 34. Approved and in force February 24, 1905.] 

380. Terms of school — Deficiency in funds — Aiding 
schools, d. Whenever any trustee of a township or board of 
trustees of any school town shall ascertain that there is not 
a sufficient amount of tuition revenue in his or their hands 
to enable him or them to maintain the public schools therein 
for the minimum term now or hereafter provided by law in 
such current school year, he or they, as the case may be, 
shall certify in writing under oath such fact to the county 
superintendent of his or their county, stating therein the 
rate of the levy for local tuition purposes on each one 
hundred dollars, and the taxes on each taxable poll made 
for the supplementary tuition rax by such township or 
school town in the year immediately previous to the school 
year in which such deficiency occurs, or will occur; also, 
stating the full amount received for tuition from each 
source, the names and number of teachers employed, the 
rate per diem paid them, the number of days each has 
taught and when he began teaching, and an estimate of the 
amount that will be necessary over and above the tuition 
revenue then on hand to complete "such legal minimum term 
of all the public schools in such school corporation. Said 
certificate shall be executed in duplicate. Said county super- 
intendent shall immediately examine such certificate, and if 
he shall find the facts stated therein to be true, and shall 
further find that such school corporation has levied the 
highest amount authorized by law foT such school munici- 
pality as supplementary tuition tax for the year in which 



SCHOOL LAW OF INDIANA. 



287 



such deficiency will occur, he shall forward one of such cer- 
tificates to the state superintendent of public instruction, 
together with the result of his examination, and with the 
name and postoffice address of such township trustee or 
the treasurer of such school corporation. 

1. Note. For the first three sections of this act, see sections 200, 
201 and 202. 

[1907, p. 449. Approved March 11, 1907. In force April 10, 1907.] 

381. Superintendent and auditor — Duties. 5. Upon re- 
ceipt of such statement from the county superintendent, the 
said superintendent of public instruction shall issue an 
order on the auditor of state in favor of such school cor- 
poration, if there be fimds in the state treasury available 
for that purpose, for the amount necessary to bring the 
school term of said township or school corporation up to 
the minimum legal term, specifying the name of the trustee 
of such township, or the treasurer of said town, and his 
postoffice address. And the auditor of state shall at once 
draw a warrant on the treasurer of state, payable out of 
the fund provided for in section 3 of this act in favor of 
said township or town, payable to the trustee of such town- 
ship or treasurer of such town, and mail the same to him: 
Provided. No such township trustee or treasurer of such 
school town shall be entitled to draw or receive the funds 
X^rovided in this act unless said township trustee or school 
board of trustees has levied a local tuition tax of at least 
twenty-five cents on $100.00 of taxable property in such 
township or school town: And providing. That where any 
such school trustee or corporation is maintaining a seven 
months term of school and finds the amount of tuition reve- 
nue insufficient for such purpose, such trustee or the treas- 
urer of such school corporation shall be entitled to draw 
or receive the funds provided in this act in the event only 
such trustee or school board has levied a local tuition tax 
of not less than forty cents on $100.00 of taxable property 
in such township or school town. 



288 SCHOOL LAW OF INDIANA. 

[1905, p. 34. Approved and in force February 24, 1906 ] 

382. Uses of fund. 6. Said township trustee or school 
board of trustees shall use the amount so received from the 
state for the payment of the salaries of teachers employed 
in his township or their town to enable him or them to 
maintain schools therein for the full term as required by 
law during the year for which it was received, and shall use 
it for no other purpose. 

383. Liability for fund. 7. The township trustee, or 
treasurer of any town school board and the sureties on 
their bonds receiving such funds from the state, shall be 
liable for the same as for any other township or school 
funds they may receive in an official capacity. 

[1907, p. 449. Approved March 11, 1907. In force April 10, 1907.] 

384. Surplus. 2. That section 8 of said act be amended 
to read as follows : Whatever unused surplus shall remain 
of the fund provided in section 3 of the act hereby amended 
at the close of any fiscal year shall be and remain a part 
of the common school tuition fund of the state. 

[1905, p. 34. Approved and in force February 24, 1905.] 

385. Repeal. 9. All laws and parts of laws in conflict 
herewith are hereby repealed. 

[1907, p. 79. Approved and in force February 25, 1907.] 

386. Transfer of bond tax revenue to special school 
revenue. 1. Wherever, in the absence of lawful authority 
so to do, any board of school trustees of any incorporated 
town in this state has heretofore issued bonds for money 
with which to repair and improve school buildings in such 
incorporated town, and has thereby obtained and has used 
the money so obtained for such purpose, and has also, in 
the absence of lawful authority so to do, levied a tax for 
the payment of such bonds, which tax has been collected 



SCHOOL LAW OF INDIANA. 



289 



and is now in the possession of snch board, the said taxes 
shall by the proper authority be transferred to and shall 
become a jaart of the special school revenue of said school 
town, and shall be subject to appropriation and expenditure 
for all purposes which such special school revenue is now 
liable by law: Provided, That the provisions of this act 
shall not affect any pending litigation. 



290 SCHOOL LAW OF INDIANA. 

CHAPTER XVIII. 

TEACHERS' INSTITUTES. 



Sec. 

387. Township Institutes. 

388. Teachers' Institutes — -Expenses. 



Sec. 

389. Schools closed. 

390. Sessions. 



[1889, p. 67. Approved and in forqe March 2, 1889.] 

387. Township institutes. 9. At least one Saturday in 
each month during which the public schools may be in 
progress shall be devoted to township institutes, or model 
schools for the improvement of teachers; and two Satur- 
days may be appropriated, at the discretion of the township 
trustee of any township. Such institute shall be presided 
over by a teacher, or other person, designated by the trus- 
tee of the township. The township trustee shall specify, 
in a written contract with each teacher, that such teacher 
shall attend the full session of each institute contemplated 
herein, or forfeit one day's wages for every day's absence 
therefrom, unless such absence shall be occasioned by sick- 
ness, or such other reason as may be approved by the town- 
ship trustee, and for each day's attendance at such institute 
each teacher shall receive the same wages as for one day's 
teaching : Provided, That no teacher shall receive such 
wages unless he or she shall attend the full session of such 
institute and perform the duty or duties assigned. (R. S. 
1901, § 6009; R. S. 1897, § 6230.) 

1. A trustee failing to comply with the above is subject to prosecu- 
tion and removal from office. 

2. Trustee must kotify teachers. Where a school teacher has no 
notice when an institute in his township will be held, and he has not been 
negli.i;ent in ascertaining the date thereof, he is not liable to a forfeiture 
of wages. It is not the duty of the teacher to go to the school trustee and 
ascertain the time of holding the monthly institute ; but it is the duty of the 
trustee to designate the day on which the f=ame will be held, and notify 
the teachers of such fact. The teacher has a right to rely upon the trus- 
tee doing his duty, and should not suffer through the non-performance of 
such duty. — Baldwin, Atty.-Gen. 

3. Teachers must take part. The object of this institute is the im- 
provement of the teachers of the township. It seems to me that all the 



SCHOOL LAW OF ITmiAIirA. 291 

powers necessary to carry out this object are by common law conferred 
upon the persons managing the institute. The object of the institute will 
utterly fail unless the teachers attending take part in the exercises. I 
think, therefore, the contract which the frustee makes with the teachers, in 
relation to township institutes, necessarily requires the teachers to per- 
form such reasonable exercises and duties as may be assigned to them. 
Indeed, the statute provides that the trustee may designate one of the 
teachers to preside over the township institute. I am of the opinion that 
the mere presence of a teacher at a township institute does not fill the re- 
quirements of the law. 

4. Attendance compulsory. It is the duty of a township trustee to 
contract with all teachers employe^ by him to attend township institutes. 
It is his duty to provide for holding sucli institutes, and to see that they are 
held. A mandate of court may be obtained to compel the trustee to iDer- 
form both these duties. 



[1907, p. 76. Approved February 25, 1907. In force April 10, 1907.] 

388. Teachers' institutes — Expenses. 1. There shall 
be held in each county in Indiana, in each year, for five 
successive days, a teachers ' institute, and that for the pur- 
pose of defraying the expenses of such institute the county 
auditor shall annually draw his warrant in favor of the 
county superintendent on the county treasurer for $100.00. 
All laws and parts of laws in conflict herewith are hereby 
repealed. 

1. Superintendent's duty and pay. Such an institute as is contem- 
plated by the law is not a voluntary association, but a teachers' meeting, 
at the head of which i? tlie countj' superintendent. He, therefore, has no 
right to surrender it into the hands of ah incompetent director, nor to 
permit a course of procedure by any one, or by the institute itself, by 
which time shall be wasted or unsatisfactory work done. The teachers 
are th.ere to be instru.^ted, and the superintendent must necessarily take 
the responsibility of the institute upon himself. The money which the audi- 
tor is authorized to pay is to defray the expenses of the institute exclu- 
sive of the per diem of tlie sui)erintendeut, whose compensation must be 
obtained in the usual way. He is also entitled to his per diem for rea- 
sonable services in making jn-eparations for tlie institute. 

2. Pay oi- teachers. Teachers are not now allowed a per diem for 
attending county institutes. 

3. County .superintejstdent. A county superintendent may hold a 
county connnencement in connection with a county institute. 

389. Schools closed. 160. When any such institute is 
in session, the common schools of the county in wliich said 

L19J 



292 SCHOOL LAW OF INDIANA. 

institute shall be held shall be closed. (E. S. 1881, § 4522; 
R. S. 1901, § 6011; R. S. 1897, § 6231.) 

390. Sessions. 161. The several county superintendents 
are hereby required, as a part of their duty, to hold, or 
cause to be held, such teachers' institutes at least once in 
each year in their respective counties. (R. S. 1881, § 4523; 
R. S. 1901, § 6012; R. S. 1897, § 6233.) 



SCHOOL LAW OF LPTDIANA. 



293 



CHAPTER XIX. 

FREE LIBRARIES. 



Sec. 




Sec 


391. 


Public library commission. 


416. 


392. 


Duties — Traveling libraries. 




393. 


Repeal. 


417. 


394. 


Purchase of books — Appropriation. 


418. 


395. 


Library association. 


419. 


396. 


Annual appropriation — Expenses. . 


420. 


397. 


Advice. 




398. 


Township library tax. 


421. 


399. 


Township library board. 


422. 


400. 


OflSeial documents. 




401. 


Member of commission not to be pub- 


423. 




lisher. 


424. 


402. 


In cities and towns. 


425. 


403. 


Libraries in certain cities. 


426. 


404. 


Tax to maintain. 


427. 


405. 


Real estate. 


428. 


406. 


Real estate for libraries. 


429. 


407. 


Parks used for library buildings. 


430. 


408. 


Prior acts legalized. 


431. 


409. 


School library tax in cities of 30,000. 


432. 


410. 


County treasurer reports to board of 


433. 




school commissioners. 


434. 


411. 


County treasurer's credits. 


435. 


412. 


Library tax in cities of 15,000 and 


436. 




30,000. 


437. 


413. 


Payment of bonds. 


438. 


414. 


City and town tax for library — Sub- 


439. 




scription. 


440. 


415. 


Subscription filed with clerk of circuit 
court. 


441. 



Members of library board — Appoint- 
ment — Qualifications. 

Certificate of appointment — Oath. 

Organization. 

Library board — Powers. 

Subscription collected — Buildings — 
Tax. 

Tax, how used. 

Use of library — Certificates of member- 
ship — Township may use. 

Donation of library. 

Removal of members of board. 

Treasurer's report. 

Repealing section. 

Libraries in cities of 3,500 to 4,000. 

Acceptance of library. 

Payment of taxes. 

Privileges of library. 

Removal of directors. 

Library fund. 

Township trustee in charge. 

Trustee's duties. 

Use of books. 

Where kept. 

When open. 

Tax levy for library. 

Office of librarian abolished. 

Library discontinued. 

Legalizing section. 



[1899, p. 134. Approved and in force February 24, 1899.] 

391. Public library commission. 1. There is hereby 
created a public library commission, which shall be com- 
posed of three members, appointed by the governor, who 
shall serve without compensation except as herein provid- 
ed, each for the term of four years, except that one of the 
members first so appointed by the governor shall be ap- 
pointed for a term of two years only, and one for one year. 
The state librarian shall be ex-officio secretary of said 
commission. (R. S. 1901, § 6024a.) 

[1905, p. 157. Approved March 4, 1905. In force April 15, 1905.] 

392. Public library commission — Office — Duties — Em- 
ployes. 2. Said public library commission shall be as- 



294 SCHOOL LAW OF INDIANA. 

signed a permanent office room in the state house, with 
storage and shipping rooms in the basement of the same 
sufficient for the performance of its duties. It shall have 
the custody, control and management of the traveling 
libraries hereinafter provided for, shall purchase the books 
and collections of books therefor, and the equipment for 
the same; shall adopt rules and regulations for loaning 
such books and collections of books to library associations, 
and to the persons entitled to borrow the same, and shall 
provide for and require such security and guaranty for the 
safe return of such books or collections of books as may 
be deemed advisable; shall prepare lists of books suitable 
for public libraries and obtain prices for the same, and 
furnish such lists when required ; shall furnish information 
or advice as to the organization, maintenance or adminis- 
tration of any library in the! state. It shall also provide 
courses of library instruction, print lists and circulars of 
information and perform such other services in behalf of 
public libraries as it may consider for the best interests 
of the state. The said commission shall employ a secretary 
and such other assistants as shall be requisite for the per- 
formance of the services above specified, who shall serve 
under the direction of the commission. The commission 
shall each year obtain reports of all libraries in the state, 
and on October 31, 1906, the commission shall make a full 
report to the governor as to the library conditions and pro- 
gress in Indiana. This report, when printed, shall be pre- 
sented to the general assembly of the state of Indiana, and 
biennially thereafter a like report shall be made. These 
reports shall be printed and bound by the state printing 
board, the same as other public documents, and shall be 
distributed by the public library commission. 

393. Repeal. 2. All laws and parts of laws in conflict 
with the provisions of this act are hereby repealed. 

394. Purchase of books — Appropriation. 3. There is 
hereby annually appropriated from any funds in the 



SCHOOL LAW OF INDIANA. 



295 



treasury not otherwise specifically appropriated the sum of 
seven thousand dollars ($7,000.00) to carry into effect the 
provisions of this act. All bills incurred by the commis- 
sion or by its members and assistants under the law, when 
approved and certified by the president and secretary of the 
commission, shall be presented to the state auditor, who 
shall issue warrants therefor upon the state treasury, 
which shall be in lieu of all sums now provided by law for 
the carrying into effect the provisions of this act. 

[1899, p. 134. Approved and in force February 29, 1899.] 

395. Library association. 4. Any five or more citizens 
may organize a library association, which on furnishing 
security satisfactory to said commission, shall be entitled 
to the use of the traveling libraries under the rules and 
regulations of said commission, and without charge further 
than all expenses of transportation of said libraries. Any 
local library, literary or other club, agricultural or other 
society, grange, college, seminary, university extension cen- 
ter, study circle or other associations shall have the use of 
said traveling libraries on furnishing satisfactory secur- 
it}'' and complying with the rules and regulations as afore- 
said. (E. S. 1901, § 6024d.) 

[1901, p. 171. Approved March 8, 1901. In force May, 1901.] 

396. Annual appropriation — Expenses. 5. There is 
hereby appropriated out of any funds in the treasury not 
otherwise appropriated the sum of one thousand dollars 
($1,000) annually, to be expended under the direction of 
said commission, for clerical assistance to the state libra- 
rian and other expenses of said commission made neces- 
sary by this act, including traveling expenses of the mem- 
bers of said commission in the discharge of their duties. 
(R. S. 1901, § 6024e.) 



296 SCHOOL LAW OF INDIANA. 

[1899, p. 134. Approved and in force February 24, 1899.J 

397. Advice. 6. The librarian or trustees of any free 
public library may apply to said public library commis- 
sion for advice as to all matters pertaining to the organiza- 
tion, maintenance or administration of tbeir library; and 
said commission shall give such advice and personal atten- 
tion as may be necessary. (R. S. 1901, § 6024f.) 

398. Township library tax. 7. On the written petition 
of fifty legal voters of any township filed with the county 
clerk not less than fifteen days prior to a township elec- 
tion, the county board of election commissioners shall 
cause to be printed on the township ballots for such town- 
ship the words: ''For a township library tax." "Yes." 
"No." If in the election a majority of the votes cast on 
said question shall be in the affirmative, the township trus- 
tee shall thereafter levy annually a tax of oiie-fifth of a mill 
on each dollar of the property taxable in said township for 
the establishment and support of a township library free 
to all inha!bitants of such township, which tax shall be 
levied, assessed, collected and paid as other township taxes 
are levied, assessed, collected and paid: Provided, That 
after such library has been established such tax levy shall 
be discontinued when, under the above provision, the ques- 
tion of discontinuing such levy shall have been submitted 
to a vote and the majority of the votes cast on said question 
shall be in the negative : Provided further, That if there 
be located in said township a public library open to the use 
of all the inhabitants thereof, then the proceeds of said tax 
shall be paid to said public library: Provided further, 
That in any township in which there has been or may here- 
after be established by private donations a library of the 
value of twenty-five thousand dollars or more, including 
the real estate and buildings used for such library for the 
use and benefit of all the inhabitants thereof, the township 
trustee of such township shall "annually levy and collect 
not more than six cents on the hundred dollars, upon the 



SCHOOL LAW OF INDIANA. 



297 



taxable property within the limits of such township which 
shall be paid to the trustees of such library, and be ap- 
plied by them to the purchase of books for said library and 
to the cost of the maintenance thereof, and said trustees 
may, with the consent of the board of commissioners of 
the county, when it shall become necessary to purchase 
additional ground for the extension or protection of library 
buildings already established by such private donation, an- 
nually levy and collect not more than five cents on the hun- 
dred dollars upon all taxable property of said township for 
not more than three years successively, which shall be ex- 
pended by said trustee in the purchase of said property 
and the erection and enlargement of library building there- 
on. (R. S. 1901, § 6024g.) 

1. Repeal of act of 1895. The last proviso is a copy of tJie act of 
1895 (acts 1895, p. 240) ; aud this pvoviso must be followed instead of 
tJiat act. 

399. Township library board. 8. In any township 
where a free public library is established as above pro- 
vided, there shall be established a township library board 
composed of the school township trustee and two residents 
of the township, to be appointed by the judge of the circuit 
court (one of whom shall be a woman). Of the first two 
members of such board so appointed one shall be appointed 
for a term of two years and one for four years, and there- 
after the term of office shall be four years. Such library 
board shall have control of the purchase of books and the 
management of such library, and shall serve without com- 
pensation. Said library shall be the property of the school 
township, and the school township trustee shall be responsi- 
ble for the safe preservation of the same. Said board shall 
be entitled to the possession and custody of any books re- 
maining in the old township library in such township ; and 
such board shall be empowered to receive donations, be- 
quests and legacies for and on behalf of such library, and 
shall be entitled to receive from the public library commis- 
sion and state librarian copies of all documents of this 



298 SCHOOL LAW OF INDIAlSrA. 

state available for distribution. Before tlie purchase of 
any books the township library board shall consult the pub- 
lic library commission, (E, S. 1901, § 6024h.) 

400. Official documents. 9. The state librarian and the 
public library commission shall supply any library of this 
state with copies of official documents and publications of 
the state in his custody available for distribution within 
the state. (E. S. 1901, § 60241.) 

401. Member of commission not to be publisher. 10. No 
member of the public library commission shall be in any 
way connected with the business of publishing or selling 
books. (E. S. 1901, § 6024J.) 

[1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 

402. In cities and towns. 1. In all the cities and incor- 
porated towns in this state the board of school trustees, 
board of school commissioners, or whatever board may be 
established by law to take charge of the public or common 
schools of such city or incorporated town, shall have power, 
if, in their discretion, they deem it to the public interest, 
to establish a free public library in connection with the 
common schools of such city or incorporated town, and to 
make such rules and regulations for the care, protection 
and government of such library, and for the care of the 
books provided therefor, and for the taking from and re- 
turning to said library of such books, as the s^^id board may 
deem necessary and proper, and to ] rovide ] penalties for 
the violation thereof: Provided, That in any city or incor- 
porated town where there is already establishe:! a library 
open to all the people, no tax shall be levied for the pur- 
pose herein named. (E. S. 1901, § 6013 ; E. S. 1897, § 6234.) 

1. Bedfokd. All act of Mareli C, 19("'l. applicnble only to Bedford, is 
omitted. Acts 1901. p. 130. For Marion, see acts 1903. p. 193. 

2. Section 402 is probably succeeded by section 415, and following. 



SCHOOL LAW OF INDIANA. 299 

[1885, p. 120. Approved and in force April 2, 1885.] 

403. Libraries in certain cities. 1. Wherever the board 
of directors of a library heretofore situate within the lim- 
its of any incorporated town may have filed the agreement 
and request with the board of trustees of said town, pro- 
vided for in an act entitled "an act supplementary to an 
act entitled an act to establish public libraries," approved 
February 16, 1852, approved March 8, 1883, and the board 
of trustees of such town may have levied a tax for the sup- 
port of such library in pursuance of such request and 
agreement and in accordance with said act, and such town 
may afterward have become incorporated as a city, the 
common council of such city shall have all the powers to 
levy tax, and do all other things granted by said act above 
named to trustees of towns, and all the provisions of said 
act applicable to such library, and its relations to the town 
before its incorporation as a city shall, after such incor- 
poration, be applicable to such library, and its relations to 
such city. (R. S. 1901, § 4999; E. S. 1897, § 5164.). 

[1899, p. 561. Approved March 6, 1899, and in force April 28, 1899.] 

404. Tax to maintain. 2. Such board shall also have 
power to levy a tax of not exceeding one mill on each dol- 
lar of taxable property assessed for taxation in such city 
in each year ; which tax shall be placed on the tax duplicate 
of such city, and collected in the same manner as other 
taxes; and when said taxes are so collected, they shall be 
paid over to the said board for the support and mainte- 
nance of said public library. Such board shall have power 
and it shall be its duty to disburse said fund, and all rev- 
enues derived from gift or devise, in providing and fitting 
up suitable rooms for such library; in the purchase, care 
and binding of books therefor, and in the payment of sala- 
ries to a librarian and necessary assistants. (R. S. 190J, 
§ 6014.) 



300 SCHOOL LAW OF INDIANA. 

tl881, p. 47. Approved and in force March 7, 1881.] 

405. Real estate. 3. Any such city in which, a free 
pubhc library may be established in accordance with 
the terms of this act may acquire by purchase, or take and 
hold by gift, grant, or devise, any real estate necessary 
for, or which may be donated or devised for, the benefit of 
such library; and all revenues arising therefrom, and the 
proceeds of the same, if sold, shall be devoted to the use of 
said library. (R. S. 1881, § 4526; E. S. 1901, §"6016; R. S. 
1897, § 6236.) 

' [1885, p. 160. Approved and in force April 8, 1885.] 

406. Real estate for libraries. 1. In any case in which 
the board of school trustees of any city of this state have 
purchased any real estate for the use of a public library 
of said city, ujuder sections 4524, 4525 and 4526 [§§ 402, 
403 and 404] of the revised statutes of 1881, and the rev- 
enue derived from taxation under said sections may have 
been or shall be insufficient to pay for such real estate, 
then said trustees be and they are hereby authorized to 
pay for the same out of any money in the treasury of such 
school city belonging to the special school fund thereof. (R. 
S. 1901, § 6017 ; R. S. 1897, § 6237.) 

[1903, p. 346. Approved and in force March 9, 1903.] 

407. Parks used for library. 1. It shall be lawful for 
the common, councils or boards of trustees of all incorpor- 
ated cities and towns in this state to authorize and permit 
the use of any public park in such cities or towns for the 
location and erection of city, county, town or township 
library buildings, and the use of such public park for such 
purpose shall not be considered as a vacation of such park 
nor as an abandonment thereof for the purposes for which 
the same was laid out or dedicated. 



Prior acts legalized. 2. Prior actions of any of the 
common councils or boards of trustees of any of the incor- 
porated cities or towns in this state in authorizing or per- 



SCHOOL LAW OF INDIANA. 301 

mitting, by ordinance, the use of any of the public squares, 
spaces or parks in such cities or towns for the locations 
and erection of said county, town or township library build- 
ings, be and the same are hereby ratified, confirmed, legal- 
ized and in all things made valid, and such action shall not 
be considered as a vacation of such square, space or park, 
nor as abandonment thereof for the purpr.«-: for which the 
same was laid out or dedicated. 

[1891, p. 37. Approved and in force February 26, 1891.] 

409. School and library tax in cities of 30,000. 1. In 

all cities of the state of Indiana where boards of school 
commissioners have been elected and are managing the 
school affairs of said city under an act of the general as- 
sembly of the state of Indiana, entitled "An act provid- 
ing for a general system of common schools in all cities 
of thirty thousand, or more, inhabitants, and for the elec- 
tion of a board of school commissioners for such cities, and 
defining their duties and prescribing their powers, and pro- 
viding for common school libraries within such cities, ap- 
proved March 3, 1871, and the various acts of the general 
assembly amendatory thereof, and supplemental thereto, 
and in which the office of city treasurer has been, or here- 
after may be, abolished under and by virtue of an act of 
the general assembly of the state of Indiana, entitled, ' An 
act concerning taxation for city and school purposes in 
cities containing a population of over seventy thousand, as 
shown by the last census of the United States; to abolish 
the offices of city assessor and city treasurer in such cities, 
and provide for the discharge of the duties of such offices, 
and repealing laws in conflict therewith, approved Febru- 
ary 21, 1885,' " such boards of school commissioners be and 
they are hereby authorized and empowered, in the manner 
and form in which they are now by law authorized to levy 
taxes, levy taxes for the support of the schools within such 
city, including such taxes as may be required for paying 
teachers, in addition to the taxes now authorized to be levied 



302 SCHOOL LAW OF INDIANA. 

by the general assembly of the state of Indiana, not to ex- 
ceed, however, in any one year, the sum of twenty-five cents 
on the one hundred dollars, of the taxable property as 
shown by the certificate showing the assessment and valua- 
tion for taxation of all taxable real and personal and rail- 
road property of such city, required to be delivered to said 
board of school commissioners by section 8 of the said act of 
the general assembly of the state of Indiana, approved 
February 21, 1885, and also to levy a tax each year not ex- 
ceeding four cents on each one hundred dollars of the tax- 
• able property in said city, as shown by said certificate, for 
the support of free public libraries, in connection with the 
common schools of said city, and to disburse any and all 
revenues raised by such tax levied for library purposes, in 
the purchase of books and in the fitting up of suitable rooms 
for such libraries, salaries to librarians and other expenses 
necessarily incident to the maintenance of such library; 
also, to make and enforce such regulations as they may 
deem necessary for the taking out, and returning to, and 
for the proper care of all books belonging to such libraries, 
and to prescribe penalties for the violation of such regula- 
tions. (R. S. 1901, § 5944; R. S. 1897, §6240.) 

1. To WHAT CITIES APPLICABLE. Tliis uncl the next four sections at 
present apply only to the city of Indianapolis. 

410. County treasurer reports to board of school com- 
missioners. 2. In all cities in the state of Indiana, where 
boards of school commissioners have been elected and are 
managing the school affairs of said city, under and by vir- 
tue of said act of the general assembly of the state of Indi- 
ana, approved March 3, 1871, and in which the office of 
city treasurer has been, or may hereafter be, abolished, un-. 
der and by virtue of said act of the general assembly of 
the state of Indiana, approved February 21, 1885, as men- 
tioned and described in the first section of this act, it shall 
be the duty of the county treasurer, on and after making 
his settlement with the county auditor on the third Monday 



SCHOOL LAW OF INDIANA. 303 

of April, 1891, and the payment to the board of school com- 
missioners of the amount by such settlement found to be 
due to it, as required by section 13 [E. S. 1894, § 3758; R. 
S. 1897, § 1283 ; Acts 1885, p. 13] of the last above named 
act, at the close of each calendar month, to make report, 
duly verified by his oath, to said board of school commis- 
sioners of all taxes and delinquent taxes collected within 
said month, and thereafter, upon demand of the treasurer 
of said board of school commissioners, to pay to him, for the 
use of said board of school commissioners, the full amoimt 
of said taxes and delinquent taxes shown by said report to 
have been collected. Upon such payment being made, the 
treasurer of the board of school commissioners shall exe- 
cute to said county treasurer his receipt for the amiount 
of money so paid, which receipt the latter shall deliver to 
the secretary of the board of school commissioners, who 
shall give him a quietus therefor, and credit said county 
treasurer with the amount thereof, and charge such amount 
to the treasurer of said board of school commissioners. 
(R. S. 1901, § 5745; R. S. 1897, § 6241.) 

411. County treasurer's credits. 3. Said county treas- 
urer shall, thereafter in his settlement with the county audi- 
tor, made as required by law, on the third Monday of April, 
and the first Monday of November, in each year, present 
such quietuses to the county auditor, who shall give such 
county treasurer credit therefor as against the sums with 
which he is chargeable upon account of the collection of 
such school taxes. (R. S. 1901, § 5746; R. S. 1897, § 6242.) 

1. Repealing section. Thf fourth section expressly repeals the act 
of 18S9, p. 432, on the fsame subject, 

[1901, p. 10. Approved and in force February 13, 1901.] 

412. School and library tax in cities of 15,000 and 30,000. 

1. In all cities in the state of Indiana where boards of 
school commissioners have been elected and are manag- 
ing the school affairs of said city under an act of the 



304 SCHOOL LAW OF INDIANA. 

general assembly of the state of Indiana, entitled "An act 
providing for a general system of common schools in all 
cities of thirty thousand or more inhabitants, and for the 
election of a board of school commissioners for such cities, 
and defining their duties and prescribing their powers and 
providing for common school libraries within such cities," 
approved Marches, 1871, and the various acts of the gen- 
eral assembly amendatory thereof and supplemental there- 
to, and in all cities in the state of Indiana of 15,000 or more 
inhabitants, where boards of school trustees have been 
elected and qualified under an act of the general assembly 
of the state of Indiana, entitled, "An act to amend sec- 
tion 1 of an act entitled 'An act to amend an act entitled 
An act to provide for a general system of common schools, 
the officers thereof and their respective powers and duties, 
and matters properly connected therewith, and prescrib- 
ing the fees for certain officers therein named, and for the 
establishment and regulation of township libraries, and to 
repeal all laws inconsistent therewith, providing penalties 
therein prescribed, approved March 6, 1865, and adding 
supplemental sections thereto,' approved March 8, 1873," 
(approved March 12, 1875), being section 4439 of the re- 
vised statutes of 1881, such board of school commissioners 
be and they are hereby authorized and empowered to issue 
bonds in any sum not exceeding one hundred thousand dol- 
lars, for the purpose of erecting buildings for library and 
school offices to be used in connection with the common 
schools of said city. Such bonds to bear interest not ex- 
ceeding five per cent, per annum payable after eleven years 
from the date thereof and .within twenty years from the 
date thereof, as follows, to wit: One-tenth thereof to be 
paid eleven years from date, and one tenth thereof to be 
paid each succeeding year until all are ,paid; the money 
obtained from the sale of such bonds shall be disbursed by 
said board of school commissioners and said board of 
school trustees, respectively, in the erection of a building 
for the library and school offices to be used in connection 



SCHOOL LAW OF INDIANA. 



305 



with the common schools of said city. Such bonds shall be 
designated ''library building bonds," and may be issued 
in such denominations, and in such sums from time to time 
as the board of school commissioners, or the board of 
school trustees, respectively, may deem expedient; and 
each of said bonds shall upon its face designate the date 
of the maturity thereof: Provided, That at no time shall 
the amount of bonds so issued for such purpose by any 
such board of school commissioners exceed the sum of one 
hundred thousand dollars; and that said board of school 
commissioners, or said board of school trustees, shall have 
no power to issue any renewal thereof, but the same shall 
be paid at maturity as hereinafter provided: And, pro- 
vided farther, That such bonds shall not be sold for less 
than their par value. 

1. The act referred to is sections 246 to 291. 

413. Payment of bonds. 2. K the board of school com- 
missioners, or the board of school trustees, in any city shall 
exercise the powers granted to it by this act, it shall pro- 
vide for the payment of said bonds as follows: At the 
time of the levying of the taxes for the year which shall 
be collectible immediately before the maturity of the first 
maturing of said bonds, said board of school commissioners 
and said board of school trustees, respectively, shall levy, 
in addition to the levy of taxes they may be authorized to 
make for other purposes, a tax upon all property subject 
to taxation by it sufficient to pay the first maturing of such 
bonds, and apply the money raised thereby to the payment 
thereof; and each year thereafter said board of school com- 
missioners and said board of school trustees, respectively, 
shall levy such tax, and apply the proceeds thereof to the 
payment of the bonds successively maturing until all shall 
have been paid. 

[1903, p. 301. Approved and in force March 9, 1903.] 

414. City and town tax for library — Subscription. 1. 
The common council of any city, or the town board of any 



306 SCHOOL LAW OF INDIANA. 

incorporated town within this state desiring to establish, 
increase and maintain a public library in such city or town, 
open to and for the use and benefit of all the inhabitants 
thereof may levy a tax annually of not to exceed one mill 
on each dollar of all the taxable property assessed for taxa- 
tion in such city or town, as shown by the tax duplicate 
for the year immediately preceding the fixing of such levy, 
which tax shall be placed on the tax duplicate of such city 
or town and collected in the same manner as other taxes 
are levied and collected, and such levy shall be certified to 
the clerk of the circuit court. If the common council of 
such city, or the town board of such incorporated town 
do not make such levy they shall do so at the next ensuing 
levy, and annually thereafter, after taxpayers of such city 
or town raise by popular subscription, for each of the two 
years immediately following the date of the completion 
of such subscription, a sum of money equal to the amount 
that would be derived from a tax levy of two-tenths of a 
mill on each dollar of the taxable property assessed for 
taxation in such city or town as shown by the tax dupli- 
cate immediately preceding the completion of such sub- 
scription : Provided, That not more than two per cent, of 
the entire amount necessary to be subscribed shall be sub- 
scribed by any one person, firm or corporation of such 
city or incorporated town. The amount of money so sub- 
scribed, as herein provided, for public library purposes, 
shall be made to fall due and be payable in eight equal 
quarterly installments, the first installment shall become 
due and be payable on the first Monday of the second 
month following the date of completion and filing of such 
subscription, as hereinafter provided, and one installment 
shall become due and be payable on the first Monday of 
each third month thereafter, till all of such subscription is 
paid. The subscriptions shall be collected by the public 
library board, hereby created, as hereinafter provided. 



SCHOOL LAW OF ITTDIANA. 307 

[1901, p. 81. Approved and in force March 4, 1901.] 

415. Subscriptions filed with clerk of circuit court. 2. 
The subscription list for said money shall be filed with the 
clerk of the circuit court of the county in which such city 
or incorporated town is located. The said clerk of the court 
immediately thereafter shall notify the judge of the circuit 
court of said county that such subscription has been filed, 
and he shall likewise notify the common council or town 
board and the board of school trustees of such city or town 
proposing to establish a public library, that said subscrip- 
tion has been filed. The original subscription list shall be 
preserved by the clerk of the circuit court and by him 
placed in the hands of the public library board, when the 
board shall have been appointed as hereinafter provided. 
(R. S. 1901, § 4988e.) 

[1903, p 301. Approved and in force March 9, 1903.] 

416. Members of library board — Appointment — Quali- 
fication. 3. Within ten days after the said judge of the cir- 
cuit court shall have been notified, as above provided, that 
such subscription list has been filed with the clerk of the 
circuit court, if one has been filed to secure the levying of 
such tax, or that the common council has certified to such 
clerk that the levy as provided herein has been made, it 
shall be the duty of said judge to examine such subscription 
list, and if it be found that an amount of solvent subscrip- 
tion has been made, equal to the amount required by sec- 
tion 1 of this act, then he shall order copy of such subscrip- 
tion list spread upon the records of said court, and he shall 
appoint three persons resident of such city or town, as 
members of such public library board, one of whom he 
shall appoint for one year, one for two years and one for 
three years from the date of this [their] appointment, and 
all appointments so made by the judge of the court shall 
be entered in the order books of said court. Within ten 
days after the common council or the town board and the 

[20] 



308 SCHOOL LAW OF INDLA-NA. 

board of school trustees have been notified, as above pro- 
vided, each body shall appoint two persons, also resident 
of snch city or town, not otherwise appointed as members 
of such board, who shall become members of snch public 
library board. The members so appointed by the common 
council or town board for the first appointment under this 
act, shall serve for a period of one year, and after the 
first appointment, all appointments m.ade by the common 
council or town board shall be for a period of two years. 
The board of school trustees shall appoint its members 
for a term of two years, who may be from their own board. 
If the township advisory board of the township in which 
such library is located shall levy and collect two-tenths of a 
mill 6n each dollar of all the taxable property assessed for 
taxation in said township, as shown by the tax duplicate 
for the year immediately preceding the fixing of such levy, 
exclusive of the property of such city or town already 
taxed for said library, and collect and pay the same over to 
the treasurer of such city or town where such library is 
located, then in such case the township trustee shall, ex- 
officio, be a member of such public library board and such 
township trustee shall appoint one person, a resident of 
said township, not otherwise appointed, as a member of 
said public library board, who shall become a member of 
such public library board, and such appointment by such 
township trustee shall be for a period of two years, and all 
members appointed as herein provided, shall serve until 
their successors are appointed and qualified: Provided, 
That women may be eligible to appointment as members 
of such public library board, and not less than three of 
the members appointed shall be women. The judge, com- 
mon council or town board, and the board of school trus- 
tees, in making the appointments, shall select persons of 
well known probity, integrity, business ability and experi- 
ence, and who are fitted for the character of the work they 
are to perform, and who shall have resided for a period 
of not less than five years immediately preceding their 



SCHOOL LAW OF TNDIAKX. 309 

appointment in the city or town for which they are ap- 
pointed in the case of members appointed by the judge, 
common council or town board and school trustees, and in 
the township in the case of the members appointed by the 
township trustee as hereinbefore provided, and who shall 
not be less than twenty-five years of age at the time of ap- 
pointment, and who shall serve without compensation for 
ser^dces. In case of vacancy on such board from any cause, 
it shall be the duty of said judge, common council or town 
board, the board of school trustees, and township trustees, 
to fill such vacancy occurring in the membership appointed 
by each respectively. 

417. Certificates of appointment — Oath. 4. All appoint- 
ments to membership on the public library board shall be 
evidenced by certificates of appointment, duly signed by 
the judge as to members appointed by him, by the mayor 
or president of the town board, by the president of the 
board of school trustees, and township trustees, as to mem- 
bers respectively appointed by them, which certificates of 
appointment shall be handed to or mailed to the address 
of the appointee. Within ten days after receiving such 
certificate of appointment such appointee shall qualify by 
taking the oath of office before the clerk of the court, that 
such appointee will faithfully discharge the duties as a 
member of the public library board to the best of his abil- 
ity, and shall file such certificate, with the oath endorsed 
thereon, with the clerk of the circuit court of the county in 
which such library is to be established. 

[1901, p. 81. Approved and in force Mareh 4, 1901.' 

418. Organization. 5. Within five days after all the 
members of such board shall have been appointed and 
qualified, they shall meet and organize by electing one of 
their number president, one vice-president and one secre- 
tary, and shall select such committees or executive board 
as they may deem necessary to carry on the work of the 
board. (E. S. 1901, § 4988k.) 



310 SCHOOL LAW OF INDIANA. 

419. Library board — Powers. 6. The seven members 
thus appointed shall constitute and be known as the public 
library board and shall have the control of the public 
library funds, and the custody and control of all the books 
and other property of every name and description, and 
shall have the power to direct all the affairs of such public 
library; and such public library board, in the name of the 
library, shall be empowered to receive donations, bequests 
and legacies, and to receive and convey real estate for and 
on behalf of such library, and shall be entitled to receive 
from the public library commission copies of all documents 
and publications of the state available for distribution. 
They shall have the power to make and enforce rules for 
the management of such libraries as they may deem neces- 
sary, and to employ librarians and assistants. (R. S. 1901, 
§ 49881.) 

[1903, p. 301. Approved and in force March 9, 1903.] 

420. Subscriptions collected — Buildings — Tax. 7. When 
such public library board shall have organized for the 
transaction of business, there shall be placed in its hands 
by the said clerk of the circuit court the original subscrip- 
tion list, if any has been made, for the procuring of the 
levy of the tax, as herein provided, and it shall be the duty 
of such library board to collect quarterly all money sub- 
scribed, as the same becomes due, as provided for in section 
1 of this act, and pay the same over to the treasurer of such 
city or town, and to expend the same in the establishment, 
equipment, enlargement and management of a public 
library, in the manner as provided for in section 8, which 
shall be open to and for the use and benefit of all the in- 
habitants of the city or town in which the same is located, 
and such library board may use such sum for the purchase 
of a building site and the erection of a library building 
as the board may decide. It shall be the duty of such 
library board to determine the rate of taxation that shall 
be necessary to establish, increase, equip and maintain the 



SCHOOL LAW OF rPTOIANA. 311 

public library and certify the same to the common council 
or town board and to the county auditor : Provided, That 
said levy shall not exceed one mill on each dollar of all the 
taxable property assessed for taxation in such city or 
town, as shown by the tax duplicate for the year immedi- 
ately preceding the fixing of such levy. When the assess- 
ment for such public library purposes shall be certified to 
the common council or town board and the auditor, by the 
public library board, the same shall be placed upon the tax 
duplicate of such county and city or town and collected in 
like manner as other taxes are levied and collected. 

[1901, p. 81. Approved and in force March 4, ISOl.] 

421. Tax,* how used. 8. The tax so levied as provided 
for in sections 1 and 7 of this act shall be held and kept as 
a separate fund by the treasurer of such city or incor- 
porated town for public library purposes, as herein pro- 
vided, and he shall pay out the same for library purposes 
only upon the warrant of the president of the library board, 
countersigned by the secretary thereof. The treasurer of 
such city or town shall be liable on his official bond for the 
faithful performance of the duties imposed upon him by 
this act. 

422. Use of library — Certificates of membership — Town- 
ship may use. 9. When a public library shall have been 
established in any city or incorporated town in this state 
under the provisions of this act, such library shall be open 
and free for the use and benefit of all the inhabitants of 
the township in which such library shall be located, pro- 
vided the township advisory board of the township in which 
such library is located, shall levy and collect a tax of two- 
tenths of a mill on each dollar of all the taxable property 
assessed for taxation in said township, as shown by the 
tax duplicate for the year immediately preceding the fixing 
of such levy, exclusive of the property of such city or town 
already taxed for said library, and collect and pay the same 



HI 9 SCHOOL LAW OF INDIANA. 

over to Ihe treasurer of such city or town where such 
library is located, t(^ be held by such treasurer as a part 
of the public librai/ fund. Said library shall remain open 
and free for the use and benefit of all the inhabitants of 
such township so long as said tax as herein provided and 
specified shall be levied, collected and paid over to the 
treasurer of such city or town for the use of said library 
board for the purpose herein named. When the public 
library of any city or town is not so open and free for the 
use and benefit of the inhabitants of any township, by 
reason of such township failing to levy and collect the tax 
herein required, the public library board may issue and 
sell certificates or library cards to any person or family 
resident in such township at such annual fee as may be 
deemed by them to be a fair compensation for such privi- 
lege, and such library cards shall give to the purchaser 
thereof the same rights and privileges as the inhabitants 
of the city or incorporated town. (E. S. 1901, § 49881.) 

[1903, p. 301. Approved and in force March 9, 1903.] 

423. Donation of library. 10. If any city or incorpo- 
rated town in this state where a library of the value of an 
amount equal to the amount of money that would be de- 
rived from a tax levy of three-tenths of a mill on each dol- 
lar of valuation of the taxable property within such city 
or town assessed for taxation, as is shown by the preced- 
ing tax duplicate of said city or town, is already established 
and maintained under the existing law of this state, and 
whenever the managing board of such library already so 
existing and maintained shall tender the ownership, cus- 
tody and control of said library free of expense to such pub- 
lic library board for the uses and purpose of a public library 
as contemplated by this act, which tender of custody and 
control thereof shall be evidenced by a certificate issued by 
the managing board thereof and filed in triplicate with the 
clerk of the circuit court of the county wherein said city 
or town is located, with the clerk of said city or town and 



SCHOOL LAW OF nTOIANA. 313 

the secretary of the board of school trustees in the manner 
and form as prescribed in the certificates of popular sub- 
scription contained in section 2 of this act, which certificate 
shall show the value of such library. A public library 
board shall be appointed as in the manner as set forth in 
this act, except such board shall be appointed only when 
the common council or town board have decided by a ma- 
jority vote of the members thereof to accept such library 
and to levy annually and collect a tax as other taxes are 
levied and collected, and not to exceed one mill on each 
dollar of valuation of taxable property of such city or 
town, as herein specified. Said council or town board shall 
certify its said decision of acceptance, attested by the clerk 
of said city or town, and the mayor of such city or presi- 
dent of such town board to the judge of the circuit court 
and the secretary of said board of school trustees, where- 
upon said judge, city council or town board and board of 
school trustees shall proceed to appoint said public library 
board in the manner and form and to all intents and pur- 
poses as is done by the voluntary levy of such tax by the 
council or town board, or the popular subscription filed 
with the clerk of the court as hereinbefore provided. 

[1901, p. 81. Approved and in force March 9, 1901.] 

424. Removal of member of board. 11. The judge of 
the circuit court, the common council or town board and the 
board of school trustees may at any time, for cause shown, 
remove any member of such library board that may have 
been appointed by each, respectively, and fill the vacancy 
occasioned thereby as provided for in section 3 of this act. 

425. Treasurer's report. 12. The treasurer of such city 
or incorporated town, operating libraries under this act, 
shall make and file with the common council or the town 
board thereof, not later than the 15th day of January of 
each year, an itemized statement, under oath,. of all the 
receipts and disbursements of such public library board for 



314 SCHOOL LAW OF INDIANA. 

the year ending December 31, immediately preceding the 
making and filing of such report, and snch report shall 
contain an itemized statement of the sources of all receipts, 
all disbursements made and the purpose for which the same 
were made, and such annual report shall be open to inspec- 
tion of the citizens of such city or town, and also the town- 
ship in which such city or town is located, providing the 
township has complied with the provisions of section 9 
herein. (R. S. 1901, § 4988o.) 

426. Repealing section. 13. All laws and parts of laws 
in conflict with the provisions of this act are hereby re- 
pealed : Provided, That this act shall not interfere with 
the maintenance or management of any existing library 
already established and operating under the laws of this 
state. (R. S. 1901, § 4988p.) 

[1901, p. 14. Approved and in force February 13 IGOl.] 

427. Libraries in cities of 3,500 to 4,000. 1. Cities 
having a population of thirty-five hundred by the census 
of 1900, and not more than four thousand, be, and they are 
hereby authorized to accept a tender of the custody and 
control of libraries established by library associations, in- 
corporated or otherwise, provided such libraries contain at 
least three thousand volumes, and to levy a tax of not more 
than five cents on the one hundred dollars of valuation of 
taxable property within such cities for the maintenance 
thereof. (R. S. 1901, § 4983a.) 

1. Note. This statute applies only to Auburn, Garrett, Gas City, 
Greencastle, Plymouth, Tipton, Warsaw, Whiting and Winchester. It does 
not apply to towns having over 3,500 and less than 4,000 inhabitants accord- 
ing to the census of 1900. 

428. Acceptance of library. 2. Such acceptances shall 
be indicated by a resolution of the common council of such 
city, whereupon the mayor of said city shall appoint three 
reputable citizens of said city, not more than two of whom 
shall belong to the same political party, as a board of 
library directors, one member of said board to serve until 



SCHOOL LAW OF IOT)IANA. 



315 



the first day of June next succeeding, one member of said 
board to serve until one year thereafter, the said first day 
of June next succeeding, and one member of said board to 
serve until two years thereafter, said first day of June next 
succeeding, and a member of said board shall be appointed 
by the mayor of said city each year, whose term of office 
shall commence on the first day of June of that year. Such 
board shall organize on the first day of June of each year 
by electing one of its number as president, one of its num- 
ber as secretary, and one of its number as treasurer, which 
treasurer shall give a bond with freehold sureties subject 
to the approval of the common council, to faithfully ac- 
count for all funds which may come into his hands as such 
treasurer. They shall be sworn by the mayor to an honest 
and faithful discharge of their duties. The bond of the 
treasurer shall be made payable to the city. (R. S. 1901, 
§ 4983b.) 

429. Payment of taxes — Control. 3. The treasurer of 
the board of library directors shall receive from the city 
treasurer all taxes collected for library purposes and pay 
out the same on the order of the board. The board of direc- 
tors shall have the custody and control of such library, sub- 
ject to any rules ado]^ted by, or orders of the common coun- 
cil, employ a librarian, if tlie members of said board deem 
it necessary, fix and pay the compensation of such libra- 
rian, ]'ay all necessnry expenses of maintaining such lib- 
rary, and buy new books to add to such library as the 
library fund may justify, but in no cese shall such board 
be authorized to incur any liabilities in excess of the avail- 
able funds on hand. (K. S. 1901, § 4983c.) 

430. Privileo^es of library. 4. Any resident of said city 
shall be entitled to the use of the books in such library free 
of charge upon compliance with such rules and regulations 
as may be prescribed by the board of directors, and the 
board of directors may prescribe such rules and regula- 
tions as they may see fit for the government and control 



316 SCHOOL LAW OF INDIANA. 

of such libraries, if the said rules and regulations are not 
in conflict with any order of the common council of such 
city with reference to such library, and the government 
and control thereof. Such board of directors shall make 
a detailed report to the common council at the end of each 
annual term, acompanied by the report of the treasurer 
and showing all receipts and expenditures by him, and 
attested by the president and secretary. Such directors 
shall serve without compensation for services. (E. S. 1901, 
§ 4983d,) 

431. Removal of directors. 5. The common council or 
the mayor, upon cause shown, may at any time remove any 
member of the board of library directors, and upon such 
removal or the creation of a vacancy otherwise, the mayor 
shall fill the vacancy by appointment. (R. S. 1901, § 4983e.) 

432. Library fund. 6. The tax authorized by section 1 
of this act shall be levied and collected as other taxes are 
levied and collected, but shall constitute a special fund 
to be known as the library fund. (R. S. 1901, § 4983f.) 

[1865, p. 3. Approved and in force March 6. 1865.) 

433. Township trustee in charge. 136. Such library 
shall be in charge of the township trustee, shall be deemed 
the property of the township, and shall not be subject to 
sale or alienation from any cause whatever. (R. S. 1881, 
§ 4529 ; R. S. 1901, § 6020 ; R. S. 1897, § 6245.) 

1. Note. This section is repealed, except so much as relates to sale 
or alienation of the library. 

434. Trustee's duties. 137. Such trustee shall be ac- 
countable for the preservation of said library; may pre- 
scribe the time of taking and the period of retaining books ; 
assess and recover damages done to them by any person, 
and adopt regulations necessary for their preservation 
and usefulness. He shall provide book-cases; also, blank 



SCHOOL LAW OF LNTDLANA. 



317 



books, ruled, in which to keep an account of books taken out 
and returned; and report the number each year to the 
county superintendent. At the commencement of each 
school term, at each school house in the township, he shall 
cause a fluiice to be posted up, stating where the library 
is kept, and inviting the free use of the books thereof by 
the persons of the township. (E. S. 1881, § 4530; R. S. 
190J, I 6021; R. S. 1897, § 6246.) 

!, Note. This section is repealed, except so much as relates to giv- 
ing uotice where the library is kept. 

435. Use of books 138. Every family in the township 
shall be entitled to the use of two volumes at a time from 
said library, whether any member of such family shall 
attend school or not. (R. S. 1881, § 4531; R. S. 1901, 
§ 6022 ;R.S. 1897, § 6247.) 

436. Where kept. 139. The trustee may deposit the 
library at some central or eligible place in the township, for 
the convenience of scholars and families, and may appoint 
for that purpose, a librarian to have the care and superin- 
tendence thereof. (R. S. 1881, § 4532; R. S. 1901, § 6023; 
R. S. 1897, § 6248.) 

1. Note. The township library commission has charge of the library. 

2. It is quite probable that the courts would hold sections 435 and 
436 void on account of subsequent legislation. 

437. When open. 140. The library shall be open to all 
persons entitled to its privileges throughout the year, with- 
out regard to school sessions, Sundays and holidays ex- 
cepted. (R. S. 1881, § 4533; R. S. 1901, § 6024; R. S. 1897, 
§ 6249.) 

[1885, p. 9. Approved and in force February 18, 1885.] 

438. Tax levy for library. 1. Any township in which 
there has been, or may hereafter be, established by private 
donations, a library of the value of one thousand dollars, 
or more, for the use and benefit of all the inhabitants there- 



318 SCHOOL LAW OF IXDIAXA. 

of, the townsliip trustee of sncli township shall anrmally 
levy and collect not more than one cent on the hnndred dol- 
lars upon the taxable property within the hmits of such 
township, which shall be paid to the trustees of such library, 
and be applied by them to the purchase of books for said 
library, and may, with the consent of the board of commis- 
sioners of the county, when it shall become necessary to 
erect or enlarge a library building, annually, for such 
period as may be necessary, levy and collect not more than 
five cents on the one hundred dollars upon the taxable prop- 
erty of said township, for not more than three years suc- 
cessively, which shall be expended by the trustees in the 
erection or enlargement of a library building. (E. S. 1901, 
§ 4986; R. S. 1897, § 5150.) 

1. Note. There is an act (acts 1901, p. 187) which applies only to 
the city of JefEersouville. 

2. Section 438, above, is probably void on account of subsequent leg- 
islation. 

[1899, p. 228. Approved and in force March 2, 1899.] 

439. Office of librarian abolished. 1. In any township 
in this state in which there has been or may hereafter be 
established by private donations a library of the value of 
one thousand dollars or inore, for the use and benefit of all 
the inhabitants thereof, the board of commissioners of the 
county in which such township is situated may, upon due 
proof thereof, by proper order entered upon its records, 
abolish the office of township librarian and require and or- 
der that the township library in the hands of the township 
trustee or the librarian thereof (including all the books, 
papers, records, furniture and paraphernalia pertaining 
thereto), be turned over and transferred to the tustees or 
other managing officers of such library established, as 
aforesaid. (R. S. 1901, § 4988a.) 

1. Note. This and tlie next section are probably repealed by sections 
414 to 426. 

440. Library discontinued. 2. That in the event said 
library association so established or to be established, shall 



SCHOOL LAW OF INDIANA. 319 

from any cause cease to exist or to perform its duties to the 
inhabitants of such township, then all its property of every 
kind shall be turned over to and become the property of 
such township. (R. S. 1901, § 4988b.) 

441. Legalizing section. 3. All library associations of 
this state which purport to have been organized and estab- 
lished pursuant to the provisions of the laws of this state, 
for the use and benefit of all the inhabitants of any town- 
ship in this state, and to which private donations to the 
amount of one thousand dollars or more have been sub- 
scribed, are hereby legalized, made valid and declared to 
be legal library corporations within the purview of this 
act, and all records, proceedings, subscriptions to and acts 
of the library associations are hereby ratified, legalized and 
made valid. 



320 



SCHOOL LAW OF INDLAJVA. 



CHAPTER XX. 

GENERAL PROVISIONS. 



Sec. 




Sec. 


442. 


Suits, how brought. 


448. 


443. 


Costs. 


449. 


444. 


Process, how executed. 


450. 


445. 


Appeals from township trustee. 


451. 


446. 


Appeals from county superintendent. 


452. 


447. 


Oaths. 





Women eligible to school offiee= 
Bond binding. 

When township trustee elected. 
County commissioners fill vacancy. 
Secret societies — Unlawful. 



[1865, p. 3. Approved and in force March 6, 1865.] 

442. Suits, how brought. 145. Suits brought on behalf 
of the schools of any township, town or city, shall be 
brought in the name of the state of Indiana, for the use of 
such township, town or city. (R. S. 1881, .§ 4534; R. S, 
1901, § 6025; R. S. 1897, § 6250.) 

1. How SUIT MAY BE BROUGHT. All iiction brouglit in the name of the 
state, for the use of a citj', "as a distinct municipal corporation for school 
purposes," is rightly brought. — Iladley v. State, 66 Ind. 271. 

2. How SHOULD -BE BROUGHT. Bringing an action in favor of the town- 
slaip without designating it as a school township will be construed as bring- 
ing it in favor of the civil township, and not in favor of the school town- 
ship.— Utica Tp. V. Miller, 62 lud. 280 ; Jarvis v. Shelby Tp., 62 Ind. 257. 

443. Costs. 146. Any person who shall sue for, or on 
account of, any decision, act, refusal or neglect of duty of 
the township trustee, for which he might have had an ap- 
peal, according to the provisions of the preceding section, 
shall not recover costs. (R. S. 1881, § 4535; R. S. 1901, 
§ 6026; R. S. 1897, § 6251.) 

1. Note. 1'he "preceding section" here referred to evidently means 
section 445. The costs are the costs made in the court. 

444. Process, how executed. 144. Process in such suits 
against a school township, town or city, shall be by sum- 
mons, executed by leaving a copy thereof with the trustee 
[or school trustees] of such township, town or city, ten 
days before the return day 'thereof; and in case of an ap- 
peal, similar notice of the time of hearing thereof shall be 



SCHOOL LAW OF INDIANA. 321 

given. (R. S. 1881, § 4536; R. S. 1901, § 6027; R. S. 1897, 
§ 6252.) 

445. Appeals from township trustees. 164. Appeals 
shall be allowed from decisions of the [township] trustees, 
relative to school matters, to the county superintendents, 
who shall receive and promptly determine the same, ac- 
cording to the rules which govern appeals from justices of 
the peace to circuit courts, so far as such rules are appli- 
cable ; and their decisions of all local questions relating to 
the legality of school meetings, establishment of schools, 
and the location, building, repair, or removal of school 
houses or transfer of persons for school purposes, and res- 
ignation and dismissal of teachers, shall be final. (R. S. 
1881, § 4537; R. S. 1901, § 6028; R. S. 1897, § 6253.) 

1. Location of houses. The county superintendent has no power, on 
appeal, to require a school house to be erected on land not belonging to 
the township. Otherwise his decision is tinal, but only as to the particular 
case before him. The trustee maj' at once relocate at a different place. — 
Kooutz V. State, 44 Iiid. 323; State v, Mewhinuey, 67 Ind. 397. 

After the location has been fixed by the county superintendent, on ap- 
peal, the towiiship trustee may change it, subject to appeal. But if there 
be no subsequent change after the county superintendent has determined 
upon the location, the trustee may be compelled, by mandate, to execute 
the order. — Trager v. State, 21 Ind, SI 7. 

" No appeal to the superintendent can be taken from the action of a 
trustee in making a contract with any one, either for building a school 
nouse, or lilie contracts, nor in regard to any criminal or fraudulent act 
of a trustee, nor upon the mere breach of a contract, nor upon the dismis- 
sal of a teaclier in a city or town. This is a question for th<: courts. — City 
of Crawfordsville v. Hays, 42 Ind. 200. 

A suit to set aside a contract for the building of a school house, and 
to enjoin the doing of the work, on the ground of fraud on the part of 
the township trustee in making the contract, is properly brought in the 
name of the state for the use of the township ; for the remedy provided 
by an appeal to the county examiner is not exclusive in such cases, the 
matter involved not being ''a local question relating to the building of 
school houses." — State v. Earhart. 27 Ind. 119. But the remedy of appeal 
to the superintendent is exclusive when "relative to school matters," and 
for the purpose of preventing vexatious and expensive litigation it is 
provided that his decision shall be final in regard to certain enumerated 
subjects. — Fogle v. Gregg, 26 Ind. 345. 

Regulations adopted by persons in charge of a school are analogous 
to by-laws enacted by municipal and other corporations, and both will be 



322 SCHOOL LAW OF IITOIAWA. 

c'lnnulled by the courts, wheu found to be unauthorized, against common 
right, or palpably unreasonable. — State v. White. 82 Tnd. 278. 

2. Extent oi jueisdiction of courts. TJpon any question arising out 
of the dismissal of a teacher, if the teacher has suffered any damages, 
he may bring a suit against the township to recover whatever loss he has 
sustained. The court ccin only examine whether just cause existed for his 
dismissal, in order to see if he is entitled to damage for a wrongful dis- 
missal, but can not reinstate him as a teacher, for as to that the superm- 
tendent's decision is final. Kut on all those questions relating to the gov- 
ernment and control of schools and school buildings, and school regula- 
tions, such as the establishment of schools, and the location, building, re- 
pair or removal of school house, or transfer of persons for school purposes 
or even the attachment of a person to a certain school, and resignation of 
teachers, his decision is final, and no action can be maintained in the courts 
touching the same. This must necessarily be so, for courts can not under- 
take Ihe superintendency of school matters. Upon a question of fraud in 
holding a school meeting, it is difficult to see how any question can arise 
so that courts can exercise any jurisdiction over it; it is believed there is 
none. 

3. Tei.^l of appeals. When the county superintendent has received 
a complete transcript of the case in contro\'ersy, he should fix a day for the 
trial, and all parties to the case should be notified of the subject-matter 
and the time and place of the trial. The case should then be tried de novo. 
No case should be decided by the superintendent from the transcript alone, 
without first giving all i)arties an opportunity to be heard. If after suffi- 
cient notice either appellee or appellant fails to appear, then, and only then, 
should the case be decided from the transcript. ITpon appeal the case is 
tried de novo upon its merits. 

4. Supeeintendent's decision fijyae. The superintendent's decision 
prohibiting the erection of a school house on a location selected by the 
trustee is v/ithin his jurisdiction, and is final aud binding on the trustee. — 
Knight V. ^^■oods, 129 Ind. 101. See Carnahan v. State, 155 Ind. 156. 

5. Trustee's discketion. If a trustee, acting in good faith, discon- 
tinues a sc^iool on account of the smallness of the attendance, the courts 
will not review his decision, nor will mandamus lie to compel him to re 
establish tlie school.— Tnlts v. State, 119 Ind. 232. 

6. Record of oECiSiON. Failure or refusal on the part of a trustee to 
make a record of his deci^ior. will not prcA'ent an appeal being taken to 
the county superintendent. — Tui'ts v. State, 119 Ind. 232, 

7. Eei'USal to decide. A refusal of a trustee to decide a question 
presented properly to him will not prevent an appeal being taken from him ; 
for his refusal is a decision against the person who made the request for 
a decision.- -O'Brien v. Moss, 131 Ind. 99. 

8. Transkee. An appeal lies from a refusal of a trustee to make 
a transfer of a pupil. — Edwards v. State, 113 Ind. 84. 

9. Location of school house. An appeal lies from the trustee con- 
cerning the location of a school house. — Kessler v. State, 146 Ind. 221 ; State 
v. Schmetzer, 156 Ind. 528. So of a joint school house. — Ilenricks v. State. 
151 Ind. 454. 



SCHOOL LAW OF INDIANA. 323 

446. Appeals from county superintendent. 165. Ap- 
peals shall be allowed from the decisions of county super- 
intendents to the superintendent of public instruction on all 
matters not otherwise provided for in the next preceding 
section ; and the rules that govern appeals from justices of 
the peace to circuit courts as to the time of taking an ap- 
peal, giving bonds, etc., shall be applicable in appeals from 
county superintendents to the superintendent of public in- 
stmction. (R. S. 1881, § 4538; R. S. 1901, § 6029; R. S. 
1897, § 6254.) 

1. I'KOt'EuuKE. The same niles in regard to the time allowed for tak- 
ing au appeal and for making transcript, etc., apply in case of appeals to 
Ihe state superiniendent as to the county superintendent. The county su- 
Ijerintendent should make a transci*ii)L of the record, and send it, together 
with ;ill papers in the case, to the state superintendent, wath his certificate 
indorsed thereon, lie must specifically certify to the facts, for example, 
that A B applied for a cerLifieate on a certain day, that upon examination 
a licenpo was refused on certain grounds, that the inclosed papers are 
tlioKe made bj' the applicant, upon which he was rejected. A copj' of the 
questions used and the appeal bond should also be s(flit. In case a refusal 
to license is based upon the county superintend6nt's personal knowledge, 
he should make a statement of the facts, verified by affidavit, and forward 
\':, together Avith corroborative testimony, and the testimony given in favor 
of the accused. If an appeal is taken in dv.e form, the state superintend- 
ent may retiuire the county superintendent to forward the papers to him, 
and ujjon lefusai, may visit the county and make an examination into 
the facts of the case, and vender a decision that will be binding on all 
parties interested. 

2. I'rtiAL BY STATE suPEEiNTi^wDENT. ': he appeal is tried by the super- 
intendent of public instruction upon the papers sent up. Additional affi- 
da-s'its may be filed with him and witnesses examined. Parties may appear 
before him, arid a complete trial be had, tlie same as before the county 
superintendent. An applicant foi a license, who desires to appeal, should 
be allowed thirty days fron-: the time the county su])erintendent's decision 
is rendered, not from the time of exitmination. If the license is denied be- 
cause of inmiorality, the county superintendent should specify in what 
particular the immorality consists. On appeal the superintendent of pub- 
lic instruction can not grant a license ; he can only order the county super- 
intendent to grant one. Should the latter refuse to grant it, a mandamus, 
nt the instance of the teacher, would lie to compel Jiiiu to obey the direc- 
tion of the state superintendent. If an appeal is taken and the county 
superiiitendent refuses to send up the papers, a mandamus will lie to com- 
pel him to send them. Or the superintendent of public Instruction can 
visit the county and try the ease there. Merely writing a letter to the 
superintendent of public instruction by the party desiring to appeal, and 

[21] .. • ■ 



324 SCHOOL LAW OF INDIANA. 

Stating that he appeals from the decision of the county superintendent, 
does not constitute an appeal. The initiatory steps must be taken in the 
matter with the county superintendent. 

3. Appeal as to whole cause. An appeal must be taken as to the 
whole case.— State v. Miller, G3 Ind. 475. 

4. Casl tried de novo. On appeal the case is tried de novo on its 
merits. 

447. Oaths. 166. School officers are hereby authorized 
and empowered to administer all oaths relative to school 
business appertaining to their respective offices. (R. S. 
1881, § 4539; R. S. 1901, § 6030; R. S. 1897, § 6255.) 

1. Note. But school officers can not administer oaths upon any other 
than school matters, and it is hold that directors Can not administer them 
at all. County superintendents and trustees may administer oaths to 
trustees and teachers reporting to them, and to witnesses in trials before 
them. 

[1881, S. p. 718. Approved April 14, 1881. ' In force September 19, 1881.] 

448. Women eligible to school offices. 1. Any woman, 
married or single, of the age of twenty-one years' and up- 
wards, and possessing the qualifications prescribed for 
men, shall be eligible to any office under the general or spe- 
cial school laws of this state. (R. S. 1881, § 4540; R. S. 
1901, §6031 ; R. S. 1897, § 6256.) 

449. Bond binding. 2. Any woman elected or appointed 
to any office under the provisions of this act, before she 
enters upon the discharge of the duties of the office shall 
qualify and give bond as required by law, and such bond 
shall be binding upon her and her securities. (R. S. 1881, 
§ 4541 ; R. S. 1901, § 6032 ; R. S. 1897, § 6257.) 

[1897, p. 64. Approved February 25, 1867. In force April 14, 1897.] 

450. When township trustee elected. 1. The time of 
holding the election of township trustees and assessors 
shall be changed from the general election on the first Tues- 
day after the first Monday in November, 1898, to the gen- 
eral election on the first Tuesday after the first Monday in 



SCHOOL LAW OF INDIANA. 325 

November, 1900, and at tlie general election on the first 
Tuesday after the first Monday in November of every 
fourth year thereafter. Said township trustees and as- 
sessors shall qualify as now provided by law, and enter 
upon the discharge of the duties of their respective offices 
at the expiration of ten days after such election. 

(4) The names of the different candidates for said town- 
ship offices shall be printed on separate ballots of a yellow 
color and deposited in separate ballot boxes from that of 
the state and county ballots. Said ballot boxes shall- be 
painted yellow, and said ballots and ballot boxes shall be 
prepared in conformity with the law governing said gen- 
eral election. (R. S. 1897, § 6590; R. S. 1901, § 6290a, 
6291.) 

1. Legalized. The appointment of a successor for a trustee who had 
become insane was legalized in 1S95. — Acts 1895, p. 57. 

2. Valid. This section is valid. — State v. Menaugh, 151 Ind. 260; 
Lamed v. Elliott, 150 Ind. 702 ; State v. Wells, 144 Ind. 231. 

[1859, p. 220. Approved and in force February 15, 1859.] 

451. County commissioners fill vacancy. 9. All vacan- 
cies in the office of township trustee shall be filled by the 
board doing county business in term time, or by the 
[county] auditor in vacation; and every trustee so ap- 
pointed shall continue in office till his successor is elected 
and qualified. (R. S. 1881, § 5596; R. S. 1901, § 8071; R. S. 
1897, § 8462.) 

1. Still in force. This act is still in force, and the commissioners 
can fill vacancies that occur during a regular session of the board. — Cooper 
V. Stale, 113 Ind. 70; Kimberlin v. State, 130 Ind. 120. 

2. When can be filled. A vacancy can not be filled when the board 
meets in special term f:o do a particular act specifically required of it by 
statute.— Heim v. State, 145 Ind. 605. 

[1907, p. 616. Approved and in force March 12, 1907.] 

452. Common schools — Secret societies unlawful. 1. 
The common schools of the state of Indiana, both elemen- 
tary and high schools, shall be open to all children until 



3^6 



SCHOOL LAW OF USTDIAISTA. 



tliey complete the courses of study in said common schools, 
subject to the authority of the teachers therein and to all 
the rules and regulations provided by the proper authori- 
ties for the government of such schools. It shall be unlaw- 
ful for the pupils in any of the elementary or high schools 
of this state to form secret societies, fraternities or other 
similar organizations, in such schools; and the board of 
school commissioners or board of trustees of any school 
town or city, and the trustee of any school township, and 
the superintendent of any school, are hereby required to 
enforce the provisions of this act by suspending, or, if nec- 
essary, expelling a pupil in any elementary or high school 
who refuses or neglects to obey such rules or regulations 
or any of them. 



SCHOOL LAW OF INDIANA, 



327 



CHAPTER XXI. 

COMPULSORY EDUCATION. 



Sec. 




Sec. 




453. 


All children must attend school — Age. 


459. 


Parental home — Incorrigible child. 


45^r 


County truant officers — Duties — Mis- 


460. 


Confirmed truant. 




demeanor. 


461. 


Tax. 


400. 


Truant officers in cities and towns. • 


462. 


Enumeration" 


456. 


Compensation of truant officers. 


463. 


Names of children furnished truant 


457. 


Reports. 




officTS. 


458. 


Poor children — Assistance. 


"^ 





[1901, p. 470. Approved and in force March 11, 1901.] 

453. All children must attend school — Age. 1. Every 
parent, guardian, or other person in- the state of Indiana, 
having control or charge of any child or children between 
the ages of seven (7) and fourteen (14) years, inclusive, 
shall be required to send such child or children to a public, 
|)rivate or paroachial school or to two or all [more] of these 
schools, each school year, for a term or period not less than 
that of the public schools of the school corporation where 
the child or children reside: Provided, further, That no 
child in good mental and physical condition shall for any 
cause, any laile or law to the contrary, be precluded from 
attending schools when such school is in session. 

1. FouKTEENXH BijjiHUAY. Al'tei" it lias attained its 14th birthday — 
counting as its first birihday the day on whieli it becomes a year old — a 
child is not subject to tiie compiilsory education law. 

454. County truant officers — Duties — Misdemeanor. 2. 
The county board of education of each county shall consti- 
tute a board of truancy whose duty it shall be to appoint 
on the first Monday in May of each year one truant officer 
in each county. The truant officer shall see that the pro- 
visions of this act are complied with, and when from per- 
sonal knowledge or by report or complaint from any resi- 
dent or teacher of the township under his supervision, he 
believes that any child subject to the provisions of this act 
is habitually tardy or absent from school, he shall imme- 
diately give written notice to the parent, guardian, or cus- 



828 gCSOOL LAW OB' INDIANA. 

todian of such child that the attendance of such child at 
school is required, and if within five (5) days such parent, 
guardian or custodian of said child does not comply with 
the provisions of this section, then such truant officer shall 
make complaint against such parent, guardian or custodian 
of such child in any court of record for violation of the 
provisions of this act : Provided, That only one notice shall 
be required for any child in any one year. Any such par- 
ent, guardian or custodian of child who shall violate the 
provisions of this act shall be adjudged guilty of a mis- 
demeanor and upon conviction thereof shall be fined in any 
sum not less than five dollars ($5.00) nor more than twenty- 
ty-five dollars ($25.00), to which may be added, in the dis- 
cretion of the court, imprisonment in the county jail not 
less than two nor more than ninety days. 

1. Special session. After the first Monday in iNIay, if there has been 
no election the board iiiay be called together and elect a trviant officer. 

2. County superintendent votes. The county superintendent votes 
in the election o'f a truant officer the same as the other members of the 
board of education. 

455. Truant officers in cities and towns. 3. A city hav- 
ing a school enumeration of five thousand or more children, 
or two or more cities and towns in any county naving a 
combined school enumeration of five thousand or more, 
may, in the discretion of the county board of truancy, con- 
stitute a separate district for the administration of this act. 
Cities containing a school enumeration of ten thousand chil- 
dren or less shall have but one truant officer. Cities con- 
taining a school enumeration of more than ten thousand 
and less than twenty thousand children shall have two 
truant officers. Cities containing a school enumeration of 
twenty thousand and less than thirty thousand children 
shall have three truant officers. Cities containing a school 
enumeration of thirty thousand and less than forty thou- 
sand children may have four truant officers. Cities con- 
taining a school enumeration of more than forty thousand 
children may have five truant- officers to be selected by the 



SCHOOL LAW OF INDIANA. 329 

board of school commissioners. The truant officers of cities 
and snch separate districts shall enforce the provisions of 
this act in the manner and under such penalties as are pre- 
scribed by section 2 of this act. Truant officers of cities 
mentioned in this section shall be appointed by the board 
of school trustees or board of school commissioners, re- 
spectively, of the city. 

456. Compensation of truant offiosrs. 4. The truant 
officers provided for in this act shall receive from the 
county treasury two [dollars] ($2) for each day of actual 
service, to be paid by the county treasurer upon warrant 
signed by the .county auditor: Provided, That no county 
auditor shall issue a warrant upon the county treasurer for 
such service until the truant officer shall have filed an item- 
ized statement of time employed in such service; and such 
statement shall have been certified to by the superintend- 
ent or superintendents of schools of the corporation or cor- 
porations in which such truant officer is employed and such 
claim have been allowed by the board of county commis- 
sioners : Provided, further. That no truant officer shall re- 
ceive pay for more days than the average length of school 
term, in the county, cities or towns under his supervision. 
(R. S. 1901, § 6033d.) 

1. Note. See Board v. Marr, 22 Ind. App. 5id. 

457. Reports. 5. All school officers and teachers are 
hereby required to make and furnish all reports that may 
be required by the superintendent of public instruction, by 
the board of state truancy or the truant officer, with refer- 
ence to the workings of this act. (R. S. 1901, § 6033e.) 

458. Poor children — Assistance. 6. If any parent, guar- 
dian or custodian of any child or children is too poor to 
furnish such child or children with the necessary books and 
clothing with which to attend school, then the school trus- 
tee of the township, or the board of school trustees or com- 
missioners of the city or incorported town where such par- 



330 SCHOOL LAW OF INDIANA. 

ent, guardian or custodian resides shall furnish temporary 
aid for such purpose, to such child or children, which aid 
shall be allowed and paid upon the certificate of such 
officers by the board of county commissioners of said 
county. Such township trustee, or board of school trustees, 
or commissioners shall at once make out and file with the 
auditor of the county a full list of the children so aided, and 
the board of county commissioners at their next regular 
meeting, shall investigate such cases and make such provi- 
sion for such child or children as will enable them to con- 
tinue in school as intended by this act. 

1. Note. See Shelby County Council v. State, 155 Ind. 216 ; same 
case, 57 N. E. Rep. 712. 

2. Po\'. ER TO CONTRACT. The a'oove section does not vest any power 
na the school board to contract a debt on beliall' of the county in favor of 
third persons i'or supplies furnished. — Board v. I'alk, 20 Ind. App. <183 : 
65 N. E. Rep. 10. 

3. Aid. It I& the duty of school boards to furnish poor children oC 
their corporation with books and cloth insr. 

459. Parental home — Incorrigible child. 7. School 
commissioners, trustees and boards of trustees are empow- 
ered to maintain, either within or without the corporate 
limits of their corporations, a separate school for incor- 
rigible and truant children. Any child or children who 
shall be truant or incorrigible may be compelled to attend 
such separate school for an indeterminate time. (R. S. 
1901, § 6033g.) 

460. Confirmed truant. 8. Any child who absents itself 
from school habitually may be adjudged a confirmed truant 
by the truant officer and superintendent of the schools of 
the county or city. Such confirmed truant may be sen- 
tenced by the judge of the circuit court to the reform school 
for boys, if a boy, or the industrial school for girls, if a girl, 
provided its age is within the limits set for admission to 
such institution. If deemed advisable by said judge, such 
incorrigible child or children may be sent to such other 
custodial institution within the state as may be designated 



^ SCHOOL LAW OF INDIANA. 331 

by him. For its maintenance in such custodial institution, 
the school corporation in which it resides shall pay at the 
legal rate for supporting dependent children, twenty-five 
cents (25c) per day, with such expenses of transportation 
as are necessary. (R. S. 1901, § 6033h.) 

461. Tax. 9. For the defraying of the increased ex- 
penditure necessary for the carrying out of the purposes of 
this act trustees of school townships, boards of school trus- 
tees or commissioners of cities and towns and boards of 
school commissioners are hereby empowered to levy in ad- 
dition to any and all sums heretofore provided by law, any 
amount of special school revenue not exceeding ten (10c) 
cents on the hundred ($100) dollars of taxable property, 
such taxes to be levied and collected as all other special 
school revenue. (R. S. 1901, § 60331.) 

462. Enumeration of children. ].0. In order that the 
provisions of this act may be more definitely enforced it is 
hereby provided that the enumerators of school children in 
taking the annual school census shall ascertain and record 
the place and date of birth of every child enumerated, and 
the parent, guardian or custodian of such child shall sub- 
scribe and take oath or affirmation that such record is true. 
The enumerator is hereby empowered to administer such 
oath or affirmation, and any parent, guardian or custodian 
of any child who shall refuse to take such oath or affirma- 
tion shall be adjudged guilty of a misdemeanor and upon 
conviction thereof shall be fined any sum not less than one 
dollar ($1.00). (E. S. 1901, § 6033j.) 

463. Names of children furnished truant officer. 11. 

On the first day of school the trustees, boards of trustees, 
or commissioners of school corporations, shall furnish the 
truant officer with the names of the children of compulsory 
age who are enumerated on the regular enumeration lists. 
These names shall be alphabetically arranged and shall give 
all the information contained in the regular enumeration 



332 SCHOOL LAW OF INDL&.NA. 

returns. The county commissioners shall provide necessary 
postage and such blanks as may be required by the state 
board of truancy or the state superintendent of public in- 
struction. (E. S. 1901, § 6033k.) 

1. Note. The entire foregoing statute is constitutional. — State v. 
Bailey, 1-57 Ind. 324. For tile sufficiency of an aflidavit in a prosecution for 
a violation of the terms, see the above case. 



SCHOOL LAW OF INDIANA. 



333 





CHAPTER XXII. 




TOWNSfllP 


ADVISORY BOARD. 


Sec. 






Sec. 




464. 


Advisory board. 




472. 


Trustee's, term. 


465. 


Taxpayers may attend. 




473. 


New school house — School supplies. 


466. 


Annual meetings — Expenditures 


and 


474. 


Trustees' pay, 




■ levy. 




475. 


Contracts void. 


467. 


Estimate of expenditures. 




476. 


Appointment of first members of board. 


468. 


Compensation of board, if desired. 




477. 


Publication of receipts and expendi- 


469. 


Special meetings of board. 






tures. 


470. 


Financial record. 




478. 


Legalizing act — Township trustee and 


471. 


Annual settlement with the board. 






advisory board. 



[1899, p. 150. Approved February 27, 1899. In force April 28, 1899.] 

464. Advisory board. 1. At the time of electing town- 
ship trustees the voters of the several townships shall elect 
an advisory board, consisting of three (3) resident free- 
holders and qualified voters of the township. The members 
of such board shall subscribe and file with the trustee an 
oath to faithfully and honestly discharge their duties as 
prescribed by law. Their term of office shall be for two 
years from the day following their first election and until 
their successors are elected and qualified, and the term of 
office shall thereafter be for the term of four years from 
the day following their election and until their successors 
are elected and qualified. If a vacancy occurs in said board 
it shall be filled by the remaining members of the board for 
the unexpired term. They shall meet annually on the first 
Tuesday of September, at a convenient place in the town- 
ship, notice of which shall be given as hereinafter provided 
in section 3. At such annual meeting the members of such 
board shall elect one of their members chairman for that 
year. Two (2) members shall constitute a quorum. At 
such meeting the board shall consider the various esti- 
mates of township expenditures proposed by the township 
trustee, and shall have power to concur in such estimates, 
or in any part thereof, or to reject any proposed item, in 
whole or in part. Any existing indebtedness need not be 
paid until due. And the advisory board, at the first annual 



334 SCHOOL LAW 0¥ INDIANA. 

meeting, may apportion the payment of any existing indebt- 
edness other than to the connty or for current expenses for 
a named term not exceeding five years. When they shall 
have determined upon the estimates and amounts for which 
taxes should be levied upon the property and polls within 
said towilship for the ensuing year, they shall then deter- 
mine and fix the rates of taxation upon such property and 
polls as to the estimated purposes severally. The rates 
so determined by such board they shall then certify to the 
county auditor, who shall place the same upon the tax du- 
plicate, and the same shall be collected and enforced as pre- 
scribed by law. The rates so prescribed shall be deemed a 
levy and lien upon the property of such township from and 
after the first day in April of such year, and such levy shall 
be deemed an appropriation for the specific purposes for 
which such estimates are fixed. Such board shall keep a 
record of their proceedings in a separate book to be fur- 
nished by such trustee, and kept as a part of the records 
of the township, to be known as the record of the advisory 
board of such township, and to remain in the custody of 
the chairman of such board. Said board shall elect one 
of its members secretary for said board, who shall record 
the proceedings thereof at any meeting, in full, under the 
direction of the board, which shall be signed before the 
board adjourns. Any meeting may adjourn from day to 
day till the business is completed. (R. S. 1901, § 8085a.) 

1. Foe forms and a discussion of this Inw, see Thornton's Complete 
<iuide for To^Ynship Officers, sections 120 to 131. 

465. Taxpayers may attend. 2. At any session of such 
board, any taxpayer of the township may appear and be 
heard as to the advisability of any estimate or estimates of 
expenditures, or any proposed levy of taxes, or the ap- 
proval of the township trustee 's report or any other matter 
being considered by the board. (R. S. 1901, § 8085b.) 

466. Annual meeting — Expenditures and tax levy. 3. 

The trustee shall at least thirty (30) days, and not more 



SCHOOL LAW OF IISTDIANA. 335 

than forty (40) days, before the annual meeting of the ad- 
visory board, in each year, post at or near the door of all 
postoffices in the township, a statement of the several esti- 
mates and amounts of the proposed annual expenditures, 
and the rates of taxation proposed for levy against the 
property within such township, for the several funds to be 
expended for his township during the calendar year, and 
also copies of such notice shall be published one time in the 
issue printed in the first week of August of each year in 
the tw^o leading newspapers published in the county, repre- 
senting the two political parties casting the highest num- 
ber of votes in such county at the last preceding general 
election, and one publication in a newspaper in the town- 
ship interested, if there be a paper published therein. The 
cost of such publication shall not exceed two dollars in any 
one 5^ear to any one paper, and the cost of necessary copies 
for posting and delivery to the board shall not exceed one 
dollar and fifty cents in any one year. And he shall fur- 
nish within like periods to each of the members of the 
advisory board a statement of such estimates and amounts. 
Such statement shall contain a notice of the place of meet- 
ing of the advisory board, and shall be substantially in the 
following form: 

EXPENDITURES AND TAX LEVIES FOR THE YEAR. 

The trustee of township, county, proposes for 

the yearly expenditures and tax levies by the advisory 
board at its aiinual meeting, to be held at the school house 
of school district No. — , the following estimates and 
amounts for said year : 

1. Township expenditures, $ , and township tax, — 

cents on the hundred dollars. 

2. Local tuition expenditures, $ , and tax, — cents on 

the hundred dollars 

3. Special school tax expenditures, $ , and tax, — 

cents on the hundred dollars. 



336 SCHOOL LAW OF INDIANA. 

4. Road tax expenditures, $ , and tax, — cents on the 

hundred dollars. 

5. Additional road tax expenditures, $ , and tax, — 

cents on the hundred dollars. 

6. Library expenditures, $ , and tax, — cents on the 

hundred dollars. 

7. Poor expenditures for preceding year, $ , and tax, 

— cents on the hundred dollars. 

8. Other items, if any, expenditures, $ , and tax, — 

cents on the hundred dollars. 
Total expenditures, $ , and total tax, — cents on 

the hundred dollars. 
(Dated) (Signed) , Trustee. 

The trustee shall procure and lay before the advisory 
board at the annual meeting thereof, the assessed valuation 
of the taxable property of the township for such year, and 
also the number of taxable polls in such township. (R. S. 
1901, § 8085c.) 

467. Estimates of expenditures. 4. The trustee shall 
attend all of the meetings of the advisory board, and at the 
annual meeting thereof, after the board shall have organ- 
ized, he shall present a detailed and itemized statement in 
writing of his estimated expenditures for which appropria- 
tions are asked, specifying the number of teachers neces- 
sarily employed, their salaries respectively, the number of 
days deemed necessary for the discharge of the duties of 
his office, and the days of the week or month when they can 
be most advantageously performed, the extent of needed 
bridge and highway repairs, an accurate, itemized list of all 
the property and supplies on hand, whether in use or in 
store, for road, school and other purposes and estimated 
value thereof, the items of school supplies necessary for 
each school, the condition of pauperism in the township, in- 
cluding the names of such persons as have received public 
aid since the taking effect of this act, and since the last an- 
nual meeting of the board with the respective amounts re- 



SCHOOL LAW OF utoiana. 337 

ceived by each person. And also the items, severally, to be 
charged against the township fund, including salaries, sta- 
tionery, printing and records and supplies to be furnished 
to the justices of the township, the trustee's compensation, 
and his office rent, where an office is authorized by the board 
and any other items of expense payable from said fund; and 
he shall submit to such inquiries concerning the expendi- 
tures of his office as the board, or the taxpayers present, 
may deem proper to make. The advisory board shall have 
full power to require any estimate, not sufficiently itemized, 
to be so itemized by the trustee, and to appropriate for any 
purpose a sum not greater than that estimated in the item 
therefor, except by the unanimous vote of the board, and 
not otherwise, an appropriation may be made for an item 
not contained in any estimate, or for a greater amount than 
that named in any item of an estimate. (E. S. 1901, § 8085d.) 

468. Compensation of board, if desired. 5. In making 
the levies for the township fund, if said board shall desire 
compensation for their services to the township, they may 
add a sum not exceeding five dollars ($5.00) for the service 
of each member during the year for which the levy is made, 
payable out of such fund. (R. S. 1901, § 8085e.) 

[1901, p. 415. Approved March 11, 1901. In force May, 1901 ] 

469. Special meetings of the board: 6. Upon a special 
call of the township trustee or the chairman of the advisory 
board or a majority of the members of said board, given in 
writing to each member thereof, stating the time, place and 
purpose of the meeting, said board may, if a quorum be 
present, by consent of all the members present, determine 
whether an emergency exists for the expenditure of any 
sums not included in the existing estimates and levy. In 
the event that such an emergency is found to exist said 
board may authorize by special order entered and signed 
upon the record, the trustee to borrow a "sum of money to 
be named sufficient to meet such emergency; and at the next 



338 SCHOOL LAW OF INDlAlSrA. 

annual session of the board a levy shall be made to the 
credit of the fund for which such expenditure is made to 
cover and ]}Sij the debt so created: Provided, however, 
That if at any annual or special meeting of said board, it 
shall be found indispensably necessary to provide for the 
construction of a school building, the cost of which building 
or the proportionate cost thereof if the same be a joint 
graded high school building will be in excess of the sum 
available therefor out of any annual levy, then in that 
event, such board may authorize such trustee to issue town- 
ship warrants or bonds to pay for such .building, or the 
proportionate cost thereof, such warrants or bonds to run 
for a period of not exceeding five (5) years; and to bear 
not exceeding six per centum per annum, and to be sold for 
not less than par; and such board shall annually levy suffi- 
cient taxes to pay at least one-fifth of such warrants or 
bonds, with interest, each year, and the trustee shall apply 
such annual tax to the payment of such warrants or bonds 
each year. In no event shall a debt of the township be cre- 
ated except by the advisory board of such township, and 
in the manner herein specified, and any payment of any 
debt not so authorized from the public funds of such town- 
ship shall be recoverable upon the bonds of the trustee in 
a suit, which it is hereby made the duty of said board to 
institute and prosecute in the name of the state, for the use 
of said township. And said board is hereby empowered to 
appropriate, and the township trustee shall pay out of the 
township funds a reasonable sum for attorney's fees for 
such purpose. And if the board, on the written demand of 
any taxpayer, fails for thirty (30) days to bring suit, then 
such or any other taxpayer may bring the same, in the name 
of the state, for the use of the to^mship. 

Note. See Section 142. 

[1899, p. 150. Approved February 27, 1899. In force April 28, 1899.] 

470. Financial record. 7. Each township trustee in 
this state shall procure and keep a book, to be known as the 
financial record of the township, in which the trustee shall 



SCHOOL LAW OF IITOIANA, 339 

keep an itemized and accurate account of the financial af- 
fairs thereof, charging himself with each sum of money 
when and as received, from every source, giving the date, 
from whom received, and on account of what fund it is 
credited. He shall likewise credit himself with all moneys 
when and as paid out, showing when, on what account, and 
to whom and out of what fund paid. It shall be the duty 
of the auditor of the state of Indiana to frame and adopt a 
form of such book, to be used by all the township trustees 
throughout the state. Such book shall be a public record: 
Provided, however. That the auditor shall not adopt any 
patented or copyrighted form and nothing herein shall au- 
thorize him to contract with any person, partnership, or 
corporation, for the publishing of such forms. The act en- 
titled "An act prescribing certain duties of township trus- 
tees, providing for the appointment and compensation of an 
auditing board, prescribing its duties and declaring an 
emergency, ' ' approved March 8, 1897, is hereby repealed. 

[1901, p. 415. Approved March 11, 1901. In force May, 1901.] 

471. Annual settlement with the board. 8. The trus- 
tee shall present to the advisory board, at a meeting of said 
board to be held annually on the first Tuesday after the 
first Monday of January of each year, his annual and com- 
plete report of all the receipts and expenditures of his office 
for the preceding calendar year, with the balances to the 
credit of each fund under his charge; and if he has any 
money from any source in his hands or under his control 
which is not included in any particular fund, as shown by 
said report, then he must state all the facts concerning such 
moneys in his report. Each item of expenditure shall be 
accompanied by the verified receipt of the person to whom* 
the sum evidenced thereby has been paid, stating particu- 
larly for what article or service the payment has been made ; 
that the sum receipted for is the exact sum received, and 
that no part thereof has been retained by, or returned to or 
has been agreed, directly or indirectly, to be returned to, 
the trustee or to any other person, and the trustee is em- 

[22] 



340 SCHOOL LAW OF INDIANA. 

powered to administer oaths to the persons giving such re- 
ceipts. The report so presented shall be verified by the 
oath of the trustee, showing that the sums with which he is 
charged in such report are all the sums received by him, 
and that the various items of expenditure credited have 
been fully paid in the sums stated, and without express or 
implied agreement that any portion thereof shall be re- 
tained by or repaid by him or to any other person. And 
the trustee shall subscribe and take an oath that he has 
received no money nor article of value in consideration of 
any contract made by him as such trustee. The board shall 
consider and approve in whole or in part, the report of the 
trustee so made, and any sum appropriated and remaining 
in the hands of the trustee, unexpended and for which no 
liability exists against the township, shall be deemed and 
credited in favor of the fund for which it was appropriated, 
and shall be considered in the ensuing levy. The expendi- 
ture of any fund, in whole or in part, to any account for 
which it was not appropriated by said board, shall be 
deemed by the board of [as] a balance of such fund unex- 
pended and in the hands of the trustee, for which he shall 
be liable upon his bond. Any member of the board may 
administer oaths, and said board may send for persons, 
books and papers, if necessary, in such examination of said 
report, and when the examination is closed they shall enter 
of record their action thereon, specifically stating such parts 
and items as may be altered or disallowed. Such annual re- 
port shall remain under the control of such board, the cus- 
tody thereof to be held by the chairman, and at any time 
shall be subject to inspection by any taxpayers of the town- 
ship. On the said annual settlement being made, the trus- 
tee shall within ten (10) days thereafter, file a copy of such 
report as adopted by the board, with the accompanying 
vouchers, in the office of the county auditor, to be preserved ; 
and upon failure the trustee shall forfeit five (5) dollars 
per day for each day until so filed, to be collected by suit 
of the board for the benefit of the township. In case the 



SCHOOL LAW OF INDIAISTA. 



341 



term of the trustee shall expire, or he shall resign or die, 
then he, or his administrator, shall at once make final set- 
tlement with the board. Said auditor shall examine such 
copy of said report, and within ten (10) days after the filing 
of same in his office, shall report to the advisory board of 
such township the result of such examination, including his 
finding as to the accuracy of such report. Said trustee shall 
cause to be published, by one insertion in two leading news- 
papers of his county, each representing one of the two po- 
litical parties casting the highest number of votes at the 
last preceding general election, an abstract of his said re- 
port, which abstract shall contain the total of receipts and 
expenditures and balances or deficits in each fund, also the 
rate of tax levy made for each of said funds for the ensuing 
year. 

11901, p. 418. Approved March 11, 1901. In force May, 1901.] 

472. Trustees' term. 3. That the terms of office of all 
township trustees and township assessors to be elected at 
the general election in November, 1904, shall begin on the 
first day of January, 1905, and thereafter the terms of office 
of all township trustees and township assessors shall begin 
on the first day of January succeeding their election. 

[1899, p. 150. Approved February 27, 1899. In force April 28, 1899.] 

473. New school house — School supplies. 9. If a trus- 
tee finds it necessary to erect a new school house, he shall 
procure suitable specifications therefor, to be used by the 
bidders in bidding and in the construction of such house. 
If he desires to purchase any school furniture, fixtures, 
maps, charts, or other school supplies, excepting fuel and 
literary periodicals in such amounts as may be authorized 
by the advisory board, in any year, he shall make an esti- 
mate of the kinds and amounts, itemized particularly, to be 
used by bidders therefor. Jf it is necessary to make repairs 
on or about the school houses other than current or inci- 
dental repairs, he shall likewise make an itemized statement 



342 SCHOOL LAW OF INDIATSTA. 

of the liatnre and character of the work, to be made for the 
use of bidders. He shall, in like manner, make a schedule 
of bxieh work as may be necessary in the repair or construc- 
tion of biidges in his township for any one year. All con- 
tracts fchall be let, after notice given, by posting- for three 
(3) \yeeks in five (5) of the most public places in the town- 
shi]>, and also at or near the door of each postoffice therein, 
stating briefly the buildings, repairs or supplies souglit to 
be let, and when and where bids will be received and opened 
therefor; and if the contemplated expenditures in any one 
class shall be five hundred dollars ($500) or more, he shall 
post notices as aforesaid, and also publish notice thereof for 
oae (1) time in the two leading newspapers published in 
the county representing the two political parties casting the 
highest number of votes in such county at the last preced- 
ing general election: Provided, That one of such publica- 
tations shall be made in a newspaper published in the town- 
ship interested, if there be a newspaper published therein. 
The advisory board shall attend the letting. At the letting, 
all the work or supplies in any one class shall be included 
and let in a single contract. All bids shall be in writing 
and be opened and read publicly at the time and place fixed 
in the notice. The trustee may take time to examine and 
satisfy himself as to which is the lowest and best bid, and 
sliaJl advise with the advisory board thereon; and said 
board is hereby empowered to reject any and all bids. The 
trustee shall indorse on the bids whether rejected or accept- 
ed and preserve the same. When a bid is accepted, a prop- 
er contract shall then be reduced to writing for such build- 
ing, repairs or supplies, as the case may be, and be signed 
by the successful bidder and the trustee, who shall require 
the bidder to give bond with security, to be approved by 
him, for the faithful execution of such contract. 

474. Trustees' pay. 10. The township trustees serving 
under this act shall receive for their services the compensa- 
tion now or hereafter fixed by law: Provided, That where 
a per diem is allowed by law the number of days' service 



SCHOOL LAW OF INDIANA. 



343 



for which the trustee is allowed shall be fixed and allowed 
by the advisory board at their annnal meetmg, and this 
shall constitute the entire compensation of snch trustee for 
all the duties of his office. (R. S. 1901, § 8085J.) 

475. Contracts void. 11. All contracts made in viola- 
tion of this act shall be null and void. (E. S. 1901, § 8085k.) 

1. Note. This section modifies all the decisions rendered by the courts 
concerning contracts of township trustees. It also repeals the law re- 
quiring the trustee to petition the board of county commissioners for leave 
to contract debts on behalf of the township. Contracts of townships must" 
now be executed pursuant to the provisions of this act; and if not, they 
are void, lilven' though a township receives articles purchased by its trus- 
tee, without pursuing the provisions of this statute, it will not be liable for 
the price agreed upon uor for their value. — T'eck-Williamson, etc., Co. v. 
Steen School Tp., 30 liid. App. 6:'.7 ; 06 N. E. Hep. 909 ; and see Moss v. 
Sugar Ridge Tp., 07 N. E. Rep. 460. 

2. For a construction of this section, see Thornton's Complete Guide 
for Township Ofiicers, section ISS. 

476. Appointment of first members of board. 12. At 

the term of the circuit court to be held in the several coun- 
ties of this state next after the taking effect of this act, such 
court shall appoint three (8) freeholders and qualified vot- 
ers residing in each township, not more than two of whom 
shall belong to the same political party, who shall consti- 
tute the advisory board of such township until their suc- 
cessors are elected and qualified; on failure of such court 
so to do, the governor of the state shall make said appoint- 
ments. And all laws and parts of laws inconsistent with the 
provisions of this act are hereby repealed. (E. S. 1901, 
§ 80851.) 

[1903, p. 112. Approved February 28, 1903. In force April 23, 1903.] 

477. Publication of receipts and expenditures. 1. All 

township trustees in the state of Indiana shall, within four 
weeks from the time of the filing of their annual report as 
now provided for by law, cause to be published by one in- 
sertion in each of two leading newspapers of general cir- 
culation printed and published in the county, each repre- 



344 SCHOOL LAW OF INDIANA. 

senting one of the two political parties casting the highest 
number of votes at the last preceding election, the receipts 
and expenditures by items as they appear in the annual re- 
ports of such trustee : Provided, That where a paper is pub- 
lished in the township the same shall be published in such 
paper and one other in the coimty seat. If any such trustee 
fails to make such publication, then the auditor of the coun- 
ty shall cause such publication to be made. If there be but 
one newspaper published in such county, then publication 
shall be made in such newspaper only. Each of such news- 
papers shall be entitled to five cents, and no more, for the 
publication of each item for such receipts and expenditures, 
the same to be paid for out of the township fund: Pro- 
vided, however, That this act shall not apply to any town- 
ship wherein is situated a city having a population of one 
hundred thousand inhabitants or more, according to the 
last preceding United States census: Provided, That not 
more than one item shall be printed in one line. 

[1907, p. 615. Approved and in force March 12 1P07.] 

478. Legalizing act — Township trustee and advisory 
board. 1. Where in any to^vnship or townships in the 
state of Indiana there was at the time when money was 
needed by said township, or townships, for building pur- 
poses, a sufficient sum of money in the sinking fund for 
the necessary building purposes and no funds sufficient in 
the building fund of said township, or townships, and the 
trustee, without fraud, and in good faith, and with the con- 
sent and upon the advice of the advisory board of said 
township, or townships, has used the sinking fund in a judi- 
cious and legal manner for building purposes, and the said 
sinking fund at the time not being needed to pay off any 
bonded indebtedness, or interest on same, then the acts of 
said trustee and advisory board are hereby legalized and 
made valid, and said trustee shall not be liable upon his 
bond for the sum so used: Provided, That the provisions 
of this act shall not apply to or affect any pending litiga- 
tion. 



SCHOOL LAW OF INDLOTA. 



345 



CHAPTER XXIII. 

TUK FUND. 



Sec. 




Sec. 


479. 


What constitutes. 


534. 


480. 


Estrays and property adrift. 


535. 


481. 


Counties liable. 


536. 


482. 


Account of fund. 


537. 


483. 


Custody of lands. 


538. 


484. 


Leasing lands. 


539. 


485. 


Divided school sections. 


540. 


486. 


Boundaries of townships. 


541. 


487. 


School township, when county lines 


542. 




divide. 


543. 


488. 


Auditor's statement as to children. 


544 


489. 


Auditor's duty. 


515. 


490. 


Account and distribution. 


546. 


491. 


Duties of the other auditor. 


547. 


492. 


Account — Readj ustment. 


548. 


493. 


Power of trustee. 


549. 


494. 


Sale of school lands. 


550. 


495. 


Proceedings to sell. 


551. 


496. 


Ballots. 


552. 


497. 


Results of election. 


553. 


498. 


Certificate of vote. 


554. 


499. 


Trustee's duty. 


555. 


500. 


Order and conduct of sale. 


556 


501. 


Terms of sale — Timber. 


557. 


502. 


Forfeiture — Resale. 


558. 


603. 


Forfeiture, how prevented. 


559. 


604. 


Forfeiture — Liability for waste. 


560. 


505. 


Suit for waste. 


561. 


506. 


Private sale. 


562. 


607. 


Reappraisement. 


663. 


508. 


Advertisement of funds. 


564. 


509. 


Reappraisement of forfeited lands. 


565. 


510. 


Appropriation by commissioners. 


566. 


511. 


Certificate of purchase. 


567. 


512. 


Rights of purchase. 


568. 


513. 


Failure to make payment — Penalty. 


569. 


514. 


Assignment. 


570. 


515. 


Defective assignments — Proceedings. 


571. 


516. 


Loan of purchase money. 


572. 


517. 


Payment. 


573. 


518. 


Lost certificate. 


574. 


519. 


Purchase money, where paid. 


575. 


520. 


Duty of auditor. 


576. 


521. 


Deed. 


577. 


522. 


Sale — Legalization. 


578. 


523. 


Title, when complete. 


579. 


524. 


Sale had without vote. 


580. 


525. 


Compensation on failure of title. 


581. 


526. 


Lands of surplus revenue fund, how 


582. 




sold. 


583. 


527. 


Interest — Judgment. 


584. 


528. 


Advertisement of funds. 


585. 


529. 


County auditor — Penalty. 


586. 


530. 


Auditor's duty. 


587. 


631. 


Appraisement. 


588. 


532. 


Duty of appraisers. 


589.. 


533. 


Loans outside of county. 


590. 



Loan of school and university funds. 

Limit of loan. 

Percentage of value of land 

Length of time. 

County may borrow. 

Note of county — County council. 

Auditor's warrant. 

Rate of interest. 

Payment of loan. 

Transfer from one county to another. 

Certificate as to liens. 

Oath of applicant. 

Time of loan. 

Limit of loan. 

Acknowledgments and oaths. 

Record of mortgages — Priority. 

Auditor's duty. 

Fees. 

Interest unpaid — Auditor's duty. 

Collection on default. 

Fund to be specified. 

Form of mortgage. 

Form of note. 

Warrant to borrow. 

Payments — Quietus . 

Indorsements and satisfaction. 

Suit for deficiency. 

Notice of sales. 

Manner of sale — Surplus. 

Auditor's bid. 

Sale of lands bid in. 

Reappraisement of forfeited lands. 

Appropriation by commissioners. 

Deed by auditor. 

Statement of sales. 

Title in state without deed. 

Conveyance to county. 

Suit to foreclose. 

Purchase by county. 

Lease of land purchased. 

Sale of land — Appraisement. 

Deeds. 

Sales legalized. 

Act supplemental. 

Cancellation of mortgage. 

Annual report. 

Duty of boards. 

Board's report. 

Disposition of report. 

Apportionment of loans. 

Miscellaneous school fund account. 

Distribution and report. 

Penalty against auditor. 

School funds — Expense in making loans. 

Repeal of order. 

Appropriations — County council. 

Repeal. 



346 SCHOOL LAW OF INDIANA. 

[1865. p. 3. Approved and in force March 6, 1865.] 

479. What constitutes. The funds heretofore known 
and designated as the surplus revenue fund, all funds here- 
tofore appropriated to the common schools, the Saline fund, 
the bank tax fund, the fund which has been derived or may 
be derived from the sale of county seminaries and the prop- 
erty belonging thereto, the moneys and properties hereto- 
fore held for such seminaries, all fines assessed for breaches 
of the penal laws of the state, all forfeitures which may 
accrue, all lands and other estate which shall escheat to the 
state for want of heirs or kindred entitled to the inheritance 
thereof, all lands which have been granted, or iiisij be grant- 
ed hereafter, to the state, when no special object is ex- 
pressed in the grant, the proceeds of the sales of the swamp 
lands granted to the state of Indiana by the act of congress 
of September, 1850, the taxes which may be assessed from 
time to time upon the property of corporations for common 
school purposes, and the fund arising from the one hundred 
and fourteenth section of the charter of the state bank of 
Indiana, shall be denominated the ''common school fund." 
The fund derived from the sale of congressional township 
school lands, and the unsold congressional towmship school 
lands, at the reasonable value thereof, shall be denominated 
the ' ' congressional township school fund, ' ' and shall never 
be diminished in amount, the kicome of which, together 
with the taxes mentioned and specified in the first section 
of this act [§4465], the money and income derived from 
licenses for the sale of intoxicating liquors, and unclaimed 
fees, as provided by law, shall be denominated the "school 
revenue for tuition," the whole of which is hereby appro- 
priated, and shall be applied exclusively to furnishing tui- 
tion to the common schools of the state, without any de- 
duction for the expenses of collection or disbursement. (E. 
S. 1881, § 4325; R. S. 1901, § 5750; R. S. 1897, § 6011.) 

1. Two DISTINCT FUNDS. Tliis sectiou, in conformity with ttie deci- 
sions ( ited under section 1, provides tiiat there shall he two distinct funds, 
the "common school fund" and the "congressional township school fund," 
whicli must be kept apart and managed separately (§ 482). Under the for- 



SCHOOL LAW OF INDLA-NA. ' 347 

mer title are consolidat'ed all the funds named in the constitution, except 
the congressional township fund, and in addition thereto "all funds here- 
tofore appropriated to common schools," referring to all mone^^s arising 
from the saie of estray animals, and propertj- taken up adrift, which were 
by an act approved January 15, 1S44 (§ 480), transferred to the common 
school fund of the county to be ratably apportioned among the several 
school districts thereof. Neither of these funds shall ever be diminished, 
lor the term common scnooJ fund in the conslritution includes both. — Davee 
y. State, 7 Ind. App. 71. 

2. Revenues. Of the "school revenue for tuition" the interest on the 
common school fund, the proceeds of the state tax. and the imclaimed fees 
are paid into the state treasury and apportioned to the counties by the su- 
perintendent Oi public instruction semi-annually on the basis of school pop- 
ulation. — § 395-201. The revenues derived from the congressional township 
fund and from county liquor licenses are distributed by the county auditors 
to the townships and counties to which they ' respectively belong. — § 181 
and U. S. 1881^ § 531G ; (Fc. S. 1901, §7281; R. S. 1S97, § 7626) ; State v. 
Forkner, 70 Ind. 241. 

3. I'ee& of OFFicEiis. No deduction shall be made from the school 
revenues for expense of collection or disliursements, but the county audi- 
tors shall receive from the general funds of the counties the amount of one 
per cent, on the permanent school funds held in trust by their several 
counties, as compensation for the management of them. — R. S. 1881, § 5909 ; 
Hanlon v. the Board, 53 Ind. 12?.. 

4. Illegal deductioj^s recoverable — St-Atute of limitations. By the 
school law of 1855, and also of 1805, still in force (§ 481), the income of 
the common school fund and the taxes kwied and collected Cor tuition are 
required to be applied exclusively to furnishing tuition in the common 
schools of the state. Provision is mnde for iiayiuent out of the county 
fund of the fees of otMcers for collecting, managing and dispensing the 
tuition fund. (R. S. 1881, §§ 5909, 5927, 5928.) P'mm the constitutional 
and statutory provisions it is manifest that, with reference to common 
school funds, the state and county act simply as trustees for the benefit 
of the school children of the state. Tiie county can not repudiate or dis- 
avow its trust, and where it misappropriates common school funds, no 
failure of the proper oxiicers to bring suit for any length of time after 
notice of the misappropiiation can be set up by way of limitation to the 
action to the prejudice of the beneficiaries of the trust. — State v. St. .Jo- 
seph Co., 90 Ind. 359; Board v. State, 103 Ind. 497; Board v. State, 106 
rnd. 270; Board v. State, 106 Ind. 531. 

5.- EsTRAYS. Under the first clause of the schedule annexed to the 
constitution of 1S51, the act of January 15, 1844 (p. 86 of act of 1844) 
(§ 482), entitled "an act converting the moneys arising from the sale of 
estray s and property taken up adrift into the common school fund, not be- 
ing inconsistent with the constitution and not having expired or been re- 
pealed, has remained and is in force ;" and under its provisions and those 
of § 481, all moneys arising from the sale of estray animals and property 
taken up adrift, "so soon as the same shall have vested absolutely in any 



348 SCHOOL LAW OF INDLA.NA. 

county," becomes a part of the common school fund of the state. — Board 
V. State, 92 Ind. 353. 

6. Reco\'eey of deductions. The statute of limitations of 1852 does 
not bar a recovery against a county for misappropriation of funds do- 
nated by the constitution and laws exclusively to tuition in the common 
schools ; and the appropriation of any part of it to the payment of officers' 
fees for collecting or managing the funds is wholly unauthorized, and a 
violation of a trust which is not in the power of a county to deny. — State 
V. Board, 90 Ind. 359; Board v. State, 103 Ind. 497; Vanarsdall v. State, 
65 Ind. 176. IM. 

7. FiKES. A fine for contempt is as much a part of the school fund 
as any other fine.— Alexander v. State. 9 Ind. 337; Swift v. State, 63 Ind. 81. 

8. Escheat. The provisions of the constitution (vith reference to 
escheats are not self-exacting; and money paid into the state treasury for 
want of heirs under § 1:411 to § 24J5, R. S. 1881; R. S. 1894, § 2622; R. S. 
1897, § 2618, does not escheat.— State v. Meyer, 63 Ind. 33. 

9. Belongs to inhabitants. The school law does not conflict with 
the act of congress granting the sixteenth section in the several congres- 
sional townships in the state to the inhabitants of such townships for the 
use of schools. — Quick v. Springfield Township, 7 Ind. 636 ; State v. Spring- 
field Township, 6 Ind. 83 ; Quick v. Whitewater Township, 7 Ind. 570 ; Dag- 
gett V. Bouewitz, 107 Ind. 276. 

10. LiQuoE LICENSE FEES. Liquor license fees belong to the county, 
there to be wholly expended for tuition purposes, and not to the perma- 
nent common school fund of the state.— R. S. 1881, § 5316; R. S. 1901, 
§ 7626 ; R. S. 1897, § 7626 ; State v. Forkner, 70 Ind. 241. 

11. Mandate. Mandate lies to compel the proper application of the 
funds. — State v. Cooprider, 96 Ind. 279. 

12. Pkopeets: found on dead bodies. The proceeds of effects found 
by the coroner on the bodies of dead persons do not belong to the common 
school fund, but go to the support of the common schools of the county, 
and an action to coinpel its proper application can not be prosecuted on 
the relation of the attorney-general. — State v. Board of Commissioners, 85 
Ind. 489. 

IS. Lotteeies. Lotteries, in aid of schools, and gift exhibitions are 
illegal.— Whitney v. State, 10 Ind. 404. 

14. Tax penalty. The provision of the tax law (R. S. 1881, §6339; 
R. S. J 901, § 8465; R. S. 1897, § 8995), inflicting a penalty for a false tax 
list and turning the penalty into the county treasury for the use of the 
county, instead of for the school fund, is constitutional. — Burgh v. State, 
108 Ind. 132. 

15. Sale of escheated lands. Sale of escheated and other lands and 
transfer of proceeds to permanent school fund by auditor of state. [See 
acts 1889, p. 309, § 9.] An act of 1883 authorized the county commissioners 
to sell escheat lands. [See acts 1883, p. 79.] 

16. Statute of limitations. The statute of limitations does not run 
against an action to recover school funds. — Board v. State, 106 Ind. 270 ; 
Board v. State, 106 Ind. 530 ; State v. Board, 90 Ind. 359 ; Board v. State, 
]03 Ind. 497, 



SCHOOL LAW OF INDIANA. 349 

[1844, p. 86. Approved and in force January 15, 1844.] 

480. Estrays and property adrift. 1. All moneys aris- 
ing from the sale of estray animals and property taken up 
adrift, so soon as the same shall have vested absolutely in 
any county, shall be by the proper officers transferred to 
the common school fund of the county, and shall be ratably 
apportioned amongst the several school districts [corpora- 
tions] thereof. (R. S. 1897, § 6012.) 

1. In I'okce. The above section is still in force. — Board v. State, 92 
Ind. 353. 

[1865, p. 3. Approved and in force March 6, 1865.] 

481. Counties liable. 3. The several counties of this 
state shall be held liable for the preservation of so much 
of said fund as is intrusted or may have been intrusted to 
them, and for the payment of the annual interest thereon, 
at the rate established by law, the payment of which inter- 
est shall be full and complete every year, and shall so ap- 
pear in the auditor's report to the superintendent of public 
instruction; and the said superintendent shall, at any time, 
when he discovers, from the report or otherwise, that there 
is a deficit in the amount collected, for want of prompt col- 
lection, or otherwise, direct the attention of the board of 
county commissioners and the county auditor to the fact, 
and said board of commissioners are hereby authorized and 
required to provide for such deficit in their respective 
counties. (R. S. 1881, § 4326: R. S. 1901, § 5751; R. S. 1897, 
§6013.) 

1. iNiijKEST. This section is designed to carry out the requirements 
of the constitution (§ 0). The interest on the school funds is at the rate 
of six per cent. 

' 2. Deiicits made v.p. The board of county commissioners is required 
to maiie up losses to both the principal and interest of the funds, at their 
June meeting (§ 547), by authorizing the auditor to draw a warrant for 
the amount of the deficit upon the general fund of the county in favor of 
the particular school fund found deficient, and upon failure of the board 
so to act they become liable to an action in the name of the state upon the 
relation of the superintendent of public instruction, who may notify the 
proper prosecuting attorney to bring such action. 



350 SCHOOL LAW OF INDIANA. 

3. Attorney-genebal as relator. When suit is brought by the state 
to re(«ver any part of its coinnion schoo? fund, tlie attorney-general is a 
proper officer to bring such suit, and is a proper relator therein. — Board 
V. State, 92 lud. 353 ; State v. Board, 5 Ind. App. 220, 

4. Attorney's fees. A county may, and it is its duty, to employ an 
attorney to protect the school fund ; but it can not pay him out of that 
fund: it must pay him out of the general comity fund.- — Board v. State, 
ne. Ind. 329. 

5. CouiNTY f J ABLE. Tile scliool fuud is intrusted to the county, and 
it is charged with the amount it receives ; if loss occurs the county has to 
make that loss good ; and if the money is not loaned the county is charge- 
able with the interest thereon, and must pay it; when this is done the 
obligation of the county has been fully met. It never was the intention 
of the franiers of the constitution that the school fund should be enhanced 
at the expense of the county, but simply that the fund should be preserved 
intact,. and the inte^rest annually paid. — Board v. State, 122 Ind. 333; Davee 
V. State, 7 Ind. App. Tl ; State v. Board, ~) Ind. App. 220. 

6. Diversion of funds. If money, instead of being added to the per- 
manent school fund of the county, has been applied to other purposes for 
the beiielit of the county, it is a virtual conversion of the money to the use 
of the county, and the attorney-general may file an account before the 
board of county commissioners, demanding that it be receipted back into 
the county treasury.-— State v. Board, 5 Ind. App. 220. 

7. Mandami's. Mandamus is not the proper remedj^ to recover funds 
due from the county to the school fund. — State v. ISoard, 5 Ind. App. 220. 

482. Account of fund. 151. The county auditors of the 
several counties of this state shall, immediately upon the 
taking effect of this act, open an account upon their books 
with each of the congressional townships of their respective 
counties whose funds are managed by them, and transfer to 
such account from the common school fund account the 
principal of the congressional township fund, as it existed 
before its consolidation with the common school fund, and 
shall thereafter keep a separate account of the principal 
and interest of the congressional township fund of each 
township. (R. S. 1881, § 4327: U. S. 1901, § 5752; R. S. 
1897, § 6014.) 

1. Separation of funds. This section requires the separation of the 
congressional township fund from the counnon school fund, with which it 
had been consolidiited by the school law of 1S52 in accordance with the con- 
stitution (§ 1). But the courts have held that the proceeds of the sale 
of the school sections could not be diverted from the use of the inhabitants 
of the congressional townships, to whom they had been granted by the 



SCHOOL LAW OF INDIANA. 351 

United Stales.— State v. Springtielcl Tp., 6 Ind. 83; same, 22 How. U. S. 
56; Quick v. Wliitewater Tp., 7 Ind. 570; Quicli v. Springfield Tp., 7 
Ind. 636. 

2. Procekds of la?<ds. When the school sections have been sold the 
l)roceeds of the sale are managed by the county auditor, and the interest 
thereon distributed by hiai through the county treasury to the proper 
school trustees.— Davis v. State, 44 Ind. 38; affirmed, 94 (4 C>tto) U. S. 792. 



[1873, p. 79. Approved and in force March 7, 1873.] 

483. Custody of lands — Report of income. 44. The cus- 
tody and care of all lands belonging to the congressional 
township fund shall be with the trustee of the civil town- 
ship in which the same shall be situated; who shall report, 
annually, to the auditor, by the fourth Monday in March, 
the annual income derived therefrom, to the township. 
And the report shall embrace a fully itemized statement of 
his rent account of such lands; to whom and for what 
amount the same was rented to each tenant; and whether 
the rents have been collected or not ; and if any portion has 
not been collected, he should state fully the reasons why 
the same has not been collected. Any trustee who has here- 
tofore failed and neglected to so report shall embrace in 
his first report such itemized statement and showing for 
each preceding year not so reported, whether by himself or 
his predecessors; and the amount of school funds for any 
year, to which such township might otherwise be entitled, 
shall be withheld, and not paid over to such trustee, if the 
rental value of such lands for such terms shall equal or ex- 
ceed the township's otherwise portion of the school fund; 
and it shall be the duty of such trustee to pay into the 
county treasury all rents collected and reported by him as 
aforesaid. (K. S. 1881, § 4328; R. S. 1901, § 5753; R. S. 
1897, § 6015.) 

1. Rekts DisTRiiiUTEP. The rents of school lands shall be paid into 
the county treasury, to be distributed by the auditor together with, and 
in the same manner as, the interest on the congressional township fund. 
And a township trustee who fails to pay the rents into the county treasury, 
as therein required, is, with his county, liable on his bond for the amount, 
with ten per cent, damages, in a suit in the name of the state on relation 



352 SCHOOL LAW OF INDIANA. 

of the board of commissioners. — Davis v. State, 44 Ind. 38 ; Davis v. In- 
diana, 94 U. S. (4 Otto) 792. 

2. Jltdtcial notice. Courts will not take judicial notice what lands 
were substituted for the sixteenth section, when that section has been sold 
and other lands substituted for it. It must be shown that such substituted 
lands were actually selected by the secretary of the treasury, as required 
by the statute of the United States.— Peck v. L., N. A. & C. R. R. Co., 101 
Ind. 3GG ; Daggett v. Bonewitz, 107 Tnd. 276. 

3. The equalization of eevenie among the civil townships by taking 
into consideration the congressional township revenue is constitutional. — 
Quick V. Whitewater Township, 7 Ind. 570; City of Lafayette v. Jenner, 10 
Ind. 70 ; Adamson v. Auditor, 9 Ind. 174 ; Quick v. Laurel Township. 17 
Ind. 344. 

4. School lands not subject to assessment foe drains. The con- 
gressional township lands in this state are not subject to assessments in aid 
of construction of public ditches or drains. — Edgerton v. Huntington School 
Township, 126 Ind. 261. . 

5. Where lands were selected by the secretary of the treasury 
FOR SCHOOL PURPOSES, uuder act of congress of May 20, 1826, the title vested 
in the inhabitants of that congressional township, and a cause of action to 
recover the possession of the lands from one holding them adversely ac- 
crued at that time. The fact that the claimant entered into possession of 
the land while the title was in the U. S. did not prevent his holding from 
becoming adverse to the townshii) so soon as the title vested in it. — Hargis 
V. Inhabitants, etc., 29 Ind. 70. 



[1865, p. 3. Approved and in force March 6, 1865.] 

484. Leasing lands. 45. He shall have power, when 
directed so to do by a vote, or by the written direction of a 
majority of the voters of the congressional township to 
which the same belongs, to lease such lands for any term not 
exceeding seven years, reserving rents, payable in money, 
property, or improvements upon the land, as may be direct- 
ed by a^najority of such voters. (E. S. 1881, § 4329; R. S. 
1901, § 5754; E. S. 1897, § 6016.) 

1. Voters. The voters here intended are such persons as are entitled 
to vote at general and tov>^nship elections, as defined in the constitution 
(R. S. 1881, § 84; R. S. 1901, § 84 ; R. S. 1897, § 84). As the law does not 
provide how such vote shall be taken, a petition is the better mode of pro- 
cedure. If signed by a majority of the voters of the township the trustee 
is bound to comply with it. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 

2. Power op township trustee. A township trustee has no power to 
lease the lands belonging to a congressional township, unless the voters of 
such township direct their leasing ; and a tenant taking a lease without 



SCHOOL LAW OF INDIANA. 



353 



such directions liaving been given, does so at his peril. — Anderson v. Prairie 
Tp., 1 Ind. App. 34. 

3. Authority to jxcur debts. No authority is given township trus- 
tees to incur debts in improving school lands. — Anderson v. Prairie School 
Tp., I Ind. App. .3-1. 

4. Contract — Condition precedents. Wherever the authority of a 
trustee to bind his corporation by contract depends upon precedent con- 
ditions, one who seeks to establish rights under such contract must show 
affirmatively that all of the antecedent requirements were strictly com- 
plied with. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 

485. Divided school section. 46. When the sixteenth 
section, or the section which may be granted in lien thereof, 
shall be divided by a county or civil township line, or where 
the substituted section lies in any other county in the state, 
the voters of the congressional township to which the same 
belongs shall designate, by vote or by the written direction 
of a majority, the trustee of one of the civil townships in- 
cluding a part of said section, to have the care and cust-^dy 
of said section, and to carry out the directions of the voters 
of the township in relation thereto; and the trustee so des- 
ignated shall have the same powers and perform the same 
duties as if the entire section was situated within the limits 
of the civil township, and receive from the county treasurer 
the revenue derived from funds accrued from said sale. (R. 
S. 1881, § 4330; R. S. 1901, § 5755; R. S. 1897, § 6017.) 

486. Boundaries of townships. 148. The county com- 
missioners of each county are required to conform the boun- 
dary of their civil townships to those of congressional 
townships, so far as it is practicable to do so. (R. S. 1881, 
§ 4331; R. S. 1901, § 5756; R. S. 1897, § 6018.) 

[1877, S. p. 66. Approved and in force March 12, 1877.] 

487. School township, wh^n county lines divide. 1. 
Where county lines divide a congressional township, the 
proper officer in the county in which the congressional 
school lands are situated, or would be situated if unsold, 
shall control such lands and the funds arising the"refrom, as 



354 SCHOOL LAW OF INDIANA. 

in this act is provided. (R. S. 1881, § 4332; R. S. 1901, 
§ 5757; E. S. 1897, § 6019.) 

488. Auditor's statement as to children. 2. When the 
enumeration is made of children, under the school laws, the 
auditor of each county shall furnish to the auditor of the 
other a statement showing- the number of children in each 
congressional township; and to enable him to do this cor- 
rectly, the person or officer making the enumeration shall 
correctly state the number of children in the congressional 
township so divided by county lines. (R. S. 1881, § 4333; 
R. S. 1901, § 5758; R. S. 1897, "^§ 6020.) 



Auditor's duty. 3. The auditor of the county hav^ 
ing control of the fund shall open an account with the 
other county as to each congressional township, and credit 
said other county with all money on hand, all securities for 
lands sold, and, if any lands be unsold, with the proceeds 
when sold; and, from time to time, as money comes in, 
shall credit such county with such money — that is to say, 
shall divide such money pro rata on the basis of such 
enumeration and enter the credit; and shall pay over 
such money, be it little or much, to the treasurer of such 
other county, file his receipt with the auditor and take a 
quietus, and so continue imtil the whole portion due such 
other county is paid over. Such pa^anents shall be made 
quarterly, to correspond with the fiscal year. (R. S. 1381, 
§ 4334; R. S. 1901, § 5759; R. S. 1897, § 6021.) 

1. AtroiTOE BOBKOwi?^G. Ill Ware v. State, 74 Ind. 181, it was held 
that a loan made by the auditor oi' a county to himself was void, but this 
was so modified in Stale v. lievi. 09 Ind. 77, as to make the mortgage valid 
or invalid at the option of those having a supervisory control over such 
fund. Such mortgage remains a subsisting security for the loan against 
the mortgagor or his residue, for value, and without notice, notwithstand- 
ing the reimbursement of the school fund out of the county revenues. — 
State V. Greene, 101 Ind. 5b'2, The .iudgment of foreclosure bore the same 
rate of interest as the mortgage (Stockwell v. State, 101 Ind. 1) ; but this 
rate was modified by the act approved February 17, 1893. See p. 41, acts 
189*3; R. S. 1901, § 5796; R. S. 1897, § 6058. 

2. Auditor boerowtng. A countj' auditor can not lawfully both lend 



SCHOOL LAW OF INDIANA. 



355 



and borrow from the school fund, and loans so made and mortgages so ex- 
ecuted are without authority' of law. — State v. Greene, 101 Ind. 532. 

490. Account and distribution. 4. Such auditor to the 
county controlling such lands and fund shall also open an 
account with such lands and with the township in his own 
county divided by county line, and shall debit and credit 
such accounts as he receives money or securities from sales 
or collections from lands forfeited and resold, and all ex- 
penses in ful] and regular order of entry and accounting, 
so he can tell, at any time, the condition of the lands, funds 
and securities. He shall collect in, as fast as possible, all 
moneys outstanding, make proper distribution as per enu- 
meration, and credit the proper account in said county, and 
continue to pay over to the other county, as above provided, 
until each county has its proper proportion of said funds. 
(R. S. 1881, § 4335; R. S. 1901, § 5760; R. S. 1897, § 6022.) 

491. Duties of the other auditor. 5. The auditor of such 
other county shall open an account with the proper town- 
ship in his county, and credit such fund as fast as received; 
and, when in sufficient amount, shall loan the same as now 
required by law. Both auditors shall make a statement of 
the condition of the fund annually, at the end of the proper 
fiscal year, and file one copy with ilie superintendent of pub- 
lic instruction, lay one before the county commissioners 
(which latter shall be spread upon their record), and both 
shall be sworn to by the auditor. (R. S. 1881, § 4336; R. S. 
1901, § 5761 ; R. S. 1897, § 6023. ) 

492. Account — Re-adjustment. 6. The process contem- 
plated by this act shall continue so long as any lands re- 
main unsold, or any securities are uncollected, and until 
each county shall have become possessed of its proper share 
of such fund in money, when the accounts here required to 
be kept shall be closed and reported as aforesaid: Pro- 
vided, That in the year 1890, and every two years there- 
after, there shall be a readjustment of said fund belonging 
to such congressional township, upon the basis of the num- 

[26] 



356 SCHOOL LA.W OF INDIANA, 

ber of children enumerated in each part of such congres- 
sional township, as hereinbefore provided; and the auditor 
having a surplus of such fund, according to such basis, shall 
pay to the treasurer of the count^^ interested the amount of 
money due said county upon the per capita basis then exist- 
ing. For the services here provided for, the auditor shall 
be allowed the same fees for records, certificates and other 
labor, as is allowed by law for other similar services. (R. S. 
1881, § 4337; R. S. 1901, § 5762; R. S. 1897, § 6024.) 

1. Tlie andUor's lee inust be paid out of the general fund of the 
county. — Hanlon v. Board, 53 Ind. 123. 

[1867, p. 3. Approved and in force March 6, 1865.] 

493. Power of trustee. 47. The proper trustee shall 
have all the rights and powers of a landlord, in his official 
name, in coercing fulfillment of contracts relating to such 
lands, and preventing waste or damage, or for the recovery 
of the same when committed. (R. S. 1881, § 4338; R. S. 1901, 
§5763;R.S. 1897, § 6025.) 

494. Sale of school lands. 48. At any time when five 
voters of any congressional township shall, by petition to 
the trustee having charge of the school lands belonging to 
such township, set forth their desire for the sale of all or 
any part of the school land, the trustee shall give public 
notice, in five public places in such township, of the time 
and place in such township when and where balloting will 
be had to determine whether the lands shall be sold as pe- 
titioned for or not; which notice shall be given at least 
twenty days before the time specified therein. (R. S. 1881, 
§ 4339; R. S. 1901, § 5764; R. S. 1897, § 6026.) 

1. When PEriTiojsr necessary, A petition is only necessary where 
land is sold the first time, and is not necessary where it is sold to recover 
the purchase money.- — McPheters v. Wright, 110 Ind. 519. 

2. I'uLJLic DITCH. Congressional township laud can not be assessed 
for the construction of a public ditch. — Edgerton v. Huntjngton School Tp., 
126 Ind. 261. 

495. Proceedings to sell. 49. A copy of such petition 
shall be entered on the book containing the record of the 



SCflOOt LAW OF lISTDIANA. 357 

proceedings of such trustee; and his action thereon shall, 
also, be recorded. (R. S. 1881, § 4740; R. S. 1901, § 5765; 
R. S. 1897, § 6027.) 

496. Ballots. 50. If a voter favor the sale of such lands, 
he shall write on his ballot the word ' ' sale ; " if he opposes 
the sale, he shall write the words "no sale." (R. S. 1881, 
§ 4341; R. S. 1901, § 5766; R. S. 1897, § 6028.) 

497. Results of election. 51. No sale shall be allowed 
unless a majority of all the votes cast at such election shall 
be in favor of such sale; nor unless the number of votes 
constituting such majority shall exceed fifteen. (R. S. 1881, 
§ 4342, R. S. 1901, § 5767; R. S. 1897, § 6029.) 

498. Certificate of vote. 52. The trustee shall attend at 
the time and place specified, and shall make out a certificate 
showing the number of votes given for and against the sale; 
which shall be signed by him and filed in his office; and he 
shall enter the same upon his record-book. (R. S. 1881, 
§ 4343; R. S. 1901, § 5768; R. S.1897, § 6030.) 

499. Trustee's duty. 53. Said trustee, if satisfied that 
a majority of all, and more than fifteen, voters have voted 
for such sale, shall enter the same on his record-book, and 
proceed — 

^irst. To divide the lands, so voted to be sold, into such 
lots as will secure the best price. 

Second. To affix a minimum price to each lot, not less 
than one dollar and twenty-five cents per acre, below which 
it shall not be sold. 

Third. To certify such division and appraisement to the 
proper county auditor, together with a copy of all his pro- 
ceedings in relation to the sale of said lands. (R. S. 1881, 
§ 4344; R. S. 1901, § 5769; R. S. 1897, § 6031.) 

1- Wheke petition was not necessary. When school laud which was 
sold iu 1S47, and for non-payment of taxes on the purchase-money was 
again sold in 1883, four weeks' notice of the latter sale was sufficient un- 
der the law then in force, and no petition from the voters of the town- 
sliip was necessary, such petition being required oidy when the land is 
first offered for sale.— McPheters v. Wright, 110 Ind. 519. 



358 SCHOOL LAW 01' INDIANA. 

500. Order and conduct of sale — Fee. 54. Such certifi- 
cate and return shall, by such auditor, be laid before the 
board of county commissioners, at their first meeting there- 
after; and said board, if satisfied that the requirements of 
the law have been substantially complied with, shall direct 
such lands to be sold; which sale shall be conducted as fol- 
lows: 

First. It shall be made by the auditor and treasurer. 

Second. Four weeks' notice of the same shall be given, 
by posting notices thereof in three public places of the town- 
ship where the land is situated, and at the court house door, 
and by publication in a newspaper printed in said county, if 
any — otherwise, in a newspaper of any county in the state 
situated nearest thereto. The sale shall be made by the au- 
ditor, at public auction, at the door of the court house of 
the county in which the land is situated, and the treasurer 
shall take an account thereof; and each of said officers, for 
making such sale, shall receive a fee of one dollar, to be 
paid by the purchaser. (R. S. 1881, § 4335; R. S. 1901, 
§ 5770; R. S. 1897, § 6032.) 

1. Bo.'vKD MUST ACT. ff tile law has been complied with the board may 
be compelled by writ of mandate to order tlie sale. The order may be 
made at a special session. The land can not be sold below the appraised 
value, of which the purchaser must take notice. 

2. PuiiLic SALE, '['he sale must be made at the door of the court 
house of tl\e proper county, at public au.ction. A private sale is illegal. — 
McPheters v. Wright, 1.10 lud. 51'J. 

[1875, p. 134. Approved and in force March 9, 1875.] 

501. Terms of sale — Timber. 55. One-fourth of the 
purchase-money shalJ be i^aid in hand and the interest for 
the .residue for one year in advance, and the residue in ten 
years from such sale, with like interest annually in advance ; 
and deferred payments shall be regarded as a part of the 
congressional township school fund, and reported as such 
by the auditor to the superintendent of public instruction: 
Provided, That when one-fourth part or more of the value 
of the lands so sold, at the time of such sale, shall consist of 



SCHOOL LAW OF INDIANA. 359 

the timber growing thereon, the terms of sale in such ease 
may be as follows, viz. : At least one-half of the purchase- 
money cash in hand, and interest for the residue for one 
year in advance, and the residue in annual payments in not 
exceeding ten years from such sale, with like interest an- 
nually in advance; and in such case the terms of sale shall 
be set forth in the notice provided for in the preceding sec- 
tion: And provided further. That whenever the purchaser 
of any such land shall be proceeding to cut or remove, or 
threaten to cut or remove, from such lands, so sold, timber 
growing or being thereon, to such an extent that the land, 
after the cutting or removal of such timber, shall not be 
equal in value to the amount of purchase-money, with in- 
terest then remaining unpaid, it shall be the duty of the 
trustee of the civil township in which such land is situated 
(and he is hereby authorized and empowered) to commence 
and maintain an action, in the name of such township, in the 
circuit court of the county, to restrain and enjoin the fur- 
ther cutting or removal of such timber. (E,. S. 1881, § 4346; 
R. S. 1901, § 5771; R. S. 1897, § 6033.) 

1. County liablk for interest. The county is chargeable with in- 
terest on the entire amount of the price of the land, and the default of 
a purchaser of the laud in paying deferred installments, and its conse- 
quent forfeiture of the lanO to the school fund, does not relieve the county 
of liability for interest on the full amount. — Roard of Commissioners v. 
State, 120 Ind. M2. 

2. Injunction. It is the duty of the prosecuting attorney to bring 
the suit for an injunction, at the request of the trustee. — Baldwin, Atty.- 
Gen. 

[1865, p. 3. Approved and in force March 6, 1865.] 

502. Forfeiture— Resale. 56. On failure to pay such 
annual interest when it becomes due, the contract shall be- 
come forfeited, and the land shall immediately revert to the 
township; and the auditor and treasurer shall proceed, 
forthwith, again to sell the same, in like manner and on the 
terms above specified. If, on such second sale, such land 
shall produce more than sufficient to pay the sum owing 
therefor, with interest and costs, and five per cent, damages. 



360 SCHOOL LAW OF INDIANA. 

the residue shall, when collected, be paid over to the pur- 
chaser or his legal representative. (R. S. 1881, § 4347; R. 
S. 1901, § 5772; R. S. 1897, § 6034.) 

1. Effect of poi:feiture — Sukplus. A forfeiture under this section 
does not divert tlie title of the purchaser to the real estate, but simply au- 
thorizes the state to sell the real estate for its own reimbursement, the sur- 
plus going to the purchaser. — McPheters \. Wright, 124 Ind. 560. 

2. KEU?:MPTroN. A purchaser of school lands having made default in 
the payment of interest on the purchase, the lands were resold. By the 
law in force at the time of the purchase, a defaulting purchaser had a right 
to redeem within one year after the sale; by that in force at the time 
of the sale and at the time of the default a delinquent purchaser could re- 
deem at any time before the sale, butsuot after. It was decided that the 
right to redeem was governed by the latter law. — Moor v. Seaton, 31 Ind. 11. 

3. PETiTioN. No petition to sell is required under the above section. — 
McPheters v. Wright. 110 Ind. 519. 

4. Note. Concerning the superseding of tlie above section by section 
565, see Board v. State, 122 Ind. 342. 

5. Damages. The damages mentioned in this section belong to the 
fund from which the loan was made. — Baldwin, Atty.-Gen. 

6. Overplus. A purchaser who forfeits his land is not entitled to any 
overplus which may result on a subsequent sale of the land by the state. — 
Michener, Atty.-Gen. 

503. Forfeiture, how prevented. 57. At any time be- 
fore the sale, payment of the interest due and all costs, to- 
gether with two per centum damages on the principal sum 
and interest due and owing for said land, shall prevent 
such sale and revive the original contract. (R. S. 1881, 
§ 4348: R. S. 1901, § 5773; R. S. 1897, § 6035.) 

504. Forfeiture — Liability for waste. 58. In case of 
such forfeiture, the original purchaser may be sued for 
waste or unnecessary injury done to such land. (R. S. 1881, 
§ 4349; R. S. 1901, § 5774; R. S. 1897, § 6036.) 

505. Suit for waste. 59. Such suit shall be prosecuted 
by the auditor, in the name of the state, for the use of the 
proper congressional township. (R. S. 1881, § 4350; R. S. 
1901, § 5775; R. S. 1897, § 6037.) 

506. Private sale. 60. When any land offered for sale 
at public auction shall remain unsold, the county auditor 
may dispose of the same at private sale for the best price 



SCHOOL LAW OF IISDIANA. 



361 



that can be had therefor, not being less than the minimum 
price affixed thereto. (R. S. 1881, § 4351; R. S. 1901, § 5778; 
R. S. 1897, § 6040.) 

1. When sale adthcrized. This section authorizes a private sale 
only where the land has been orfered for =3ale at public auction and re- 
mains unsold. — McPheters v. Wright, 110 Ind. 519. 

507. Reappraisement. 61. After the expiration of the 
term of four years after any appraisement and offer for sale 
of any lands in this state belonging to any township for 
school purposes, and such lands remain unsold,, it shall be 
lawful to reappraise, sell and dispose of said lands in the 
same manner that they would have been had such lands not 
been previously offered for sale: Provided, however. That 
such appraised value shall not be below the minimum price 
now fixed by law. (R. S. 1881, § 4352; R. g. 1901, § 5779; 
R. S. 1897, § 6041.) 

[1883 p. 75. Approved and in force March 3, 1883.] 

508. Advertisement of funds. 1. Whenever, in any 
county of the state of Indiana, the school fund, or any part 
of the school fimd, apportioned to such county to be loaned 
out, remains unloaned, it shall be the duty of the auditor of 
said county to advertise, in the months of January, April, 
July and October, for three consecutive weeks, in a weekly 
newspaper published in said countj'^, that such amount of 
school fund remains unloaned, and that applicants for loans 
can secure the same by applying at his office and fulfillmg 
the requirements of the law under which he is authorized to 
loan out the school fund. (R. S. 1901, § 5809; R. S. 1897, 
§ 6063.) 

[1883, p. 79. Approved and in force March 3, 1883.] 

509. Reappraisement of forfeited lands. 1. All lands 
which have become forfeited and have reverted, or may 
hereafter be forfeited and revert to the various townships 
in the several counties of this state, for failure to pay the 
interest or principal of the amount due thereon to the school 



362 SCHOOL LAW OF INDIANA. 

fund, and which have remained or hereafter remain unsold 
for the period of three years, by reason of the amount due 
thereon being in excess of the values of said lands, may be 
reappraised and sold for a sum not less than said reap- 
praised value thereof; and such, reappraisement and sale to 
be made in the same manner and upon the same terms and 
conditions as is now prescribed by law for the appraisement 
md sale of such lands, (R. S. 1901, § 5776; R. S. 1897, 
§ 6038.) 

1. To WHAT i^isTD APPLiABi-E. This sectioii relates to the sale of con- 
gressional township lands, and it bas no reference to the right of the 
county to be reimbursed for niterest paid on loans ont of the proceeds of 
a sale under a mortgage after the principal has lieen paid to the state. — 
Board v. State, 122 Ind. 3?^^. 

510. Appropriation by commissioners. 2. Upon the 
sale of such lands as provided for in the preceding section 
of this act, the board of county commissioners of the several 
counties in which said lands are situated may make an ap- 
propriation, from the general county funds, a sum equal to 
the difference between the amount for which said lands 
shall have been forfeited and the amount for which such 
lands shall have last sold; said sum appropriated to be 
placed to the credit of the proper fund and loaned as other 
school funds are loaned. (R. S. 1901, § 5777; R. S. 1897, 
§ 6039.) - ;; 

1. Mandatory. This section is niandatory, for the reason that the 
county is liable for all dehcits in the funds intrusted to its care. — Board 
V. State, 122 Ind. 333. 

511. Certificate of purchase. 62. A certified statment 
of such sale shall be made and signed by the auditor, and, 
being first recorded by such auditor in the records of the 
board of county commissioners, shall be delivered to the 
purchaser when he makes his first payment, and shall en- 
title him to a deed when the terms of such purchase shall 
have been fully complied with. (R. S. 1881, § 4353; R. S. 
1901, § 5780; R. S. 1897, § 6042.) 

1. Judgment, no lien. A .judgment is no lien on land held by a cer- 
tificate issued under this section. — .Jeffries v. Sherburn, 21 Ind. 112. See 
Bell V. Corbin, 136 Ind. 269. 



SCHOOL LAW OF INDIANA. 



363 



512. Rights of purchaser. 63. Every purchaser, until 
forfeiture, shall be entitled to all the rights of possession 
before existing in such trustee or township, and to all rights 
and remedies for rents becoming due or breaches- of cove- 
nant occurring after his purchase under any lease existing 
at the time of his purchase, and for all waste committed 
thereafter. (R. S. 1881, § 4354; R. S. 1901, § 5781; R. S. 
1897, § 6043.) 

1. Estoppel. When the inhabitauts of a township had received a 
part of the purchase money of school lands, and interest for several years 
on the balance, and expended the money for the purposes contemplated by 
the grant, and the purchaser had taken possession and made valuable 
improvements, it was held that they inust be deemed to have acquiesced 
in the sale, and that they are estopped to deny its validity. — State v. Stan- 
ley, 14 Ind. 409. 

513. Failure to make first payment — Penalty. 64. A 

purchaser at such -sale failing to make the first payment as 
above required shall pay ten per centum on the sum bid, 
to be recovered by action before any court having jurisdic- 
tion, to be prosecuted by the county auditor in the name of 
the state for the use of the proper to.wnship ; and the auditor 
and treasurer shall be competent witnesses. (R. S. 1881, 
§ 4355; R. S. 1901, § 5782; R. S. 1897, § 6044.) 

1. Tfi^dee oj? deed. In a suit to recover the final installment of pur- 
chase money, a deed should be first made and tendered. — Johnson v. State, 
74 Ind. 5SS. 

514. Assignment. 65. No assignment of a certificate 
shall be valid unless acknowledged before some officer au- 
thorized to take acknowledgments of deeds or before the 
county auditor, who shall, in all such cases, record the same. 
Assignments of certificates heretofore made before any offi- 
cer authorized to take acknowledgments of deeds, when re- 
corded, shall be as valid as if acknowledged before the 
county auditor. (R. S'. 1881, § 4356; R. S. 1901, § 5783; R. 
S. 1897, § 6045.) 



864 SCHOOL- LAW 01' IJTDiANA. 

11863, p. 11. Approved February 27. 1863, and in force October 10, 1863.] 

515. Defective assignments — Proceedings. 1. When- 
ever the certificate of the school commissioner or auditor of 
any county of this state, issued for land sold, has been as- 
signed by any person without a proper acknowledgment 
before the county auditor or other proper officer, or assigned 
by delivery, and such assignor is deceased, any assignee of 
such certificate, claiming title to the land described there- 
in, may file his complaint in the proper circuit court, mak- 
ing the county auditor and- the heirs of such deceased as- 
signor parties thereto. If it shall be proved to the satis- 
faction of the court that the plaintiff, or any party to the 
cause, is the equitable owner of the land, and the purchase 
money has been fully paid to the school fund, the court shall 
direct the auditor to execute a proper conveyance to the 
plaintiff or other parties entitled thereto, although the cer- 
tificate has not -been properly assigned or the assignment 
thereof properly acknowledged by the decedent. All other 
persons claiming any interest in the land may, on their ap- 
plication, be made parties and heard in the case. The au- 
ditor shall execute a conveyance, according to the directions 
of the court; and such conveyance shall vest in the grantee 
the title of said land as fully and to all intents and pur- 
poses as if the certificate had been legally assigned and the 
assignment properly acknowledged. (R. S. 1881, § 5357; 
R. S. 1901, § 5784; R. S. 1897, § 6046.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

516. Loan of purchase money. 66. When the residue of 
the purchase money becomes due, the purchaser may retain 
the same as a loan for a term not exceeding three years, on 
payment, annually made in advance, of the interest thereon, 
at the rate then established by law for the loans of such 
funds; but he shall receive no deed until full payment is 
made. (R. S. 1881, § 4358; R. S. 1901, § 4785; R. S. 1897, 
§ 6047.) 



SCHOOL LAW OF INDIANA. 365 

517. "Payments. 67. Purchasers may, at any time be- 
fore due, pay a part or the whole of such purchase money. 
(R. S. 1881, § 4359; E. S. 1901, § 5786; R. S. 1897, § 6048.) 

518. Lost certificate. 68. "When any such certificate 
shall be lost before a deed be made, on proof thereof by 
affidavit of the person interested, or other competent testi- 
mony, to be filed with the county auditor, and after three 
months' notice of intention to apply for a new certificate, 
given in some newspaper printed nearest to where the land 
lies, such auditor may issue the same to the person entitled 
thereto. (R. S. 1881, § 4360; R. g. 1901, § 5787; R. S. 1897, 
§ 6049.) 

1. Lost certificate. If a certificate be lost a new one may be issued 
to the purchaser, even to a grantee of Ine purchaser. — Hiukle v. Margerum, 
50 Ind. 240, 241. 

519. Purchase money, wbere paid. 69. The purchase 
money and interest, and all costs and damages above pro- 
vided for, shall be paid to the treasurer of the proper coun- 
ty, and his receipt therefor filed, by the person paying, with 
the county auditor, who shall issue his quietus therefor. 
(R. S. 1881, § 4361; R. S. 1901, § 5788; R. S. 1897, § 6050.) 

520. Duty of auditor. 70. AVhen such payment is in 
completion of any contract of sale, the amount of such re- 
ceipt shall be indorsed by the county auditor on the cer- 
tificate of purchase. (R. S. 1881, § 4362; R. S. 1901, § 5789; 
R. S. 1897, § 6051.) 

521. Deed. 71. On full payment for such land a deed 
shall be issued by the county auditor, and entered upon the 
record-book of the board of county commissioners. (R. S. 
1S81, § 4363; R. S. 1901, § 5790; R. S. 1897, § 6052.) 

I. Emtrt on record. The deed, before delivery, must be entered on 
the record-book of the county commissioners. — Arnold v. GalT, 58 Ind. 543. 

[1877, p. 139. Approved and in force February 8. 1877.J 

522. Sale — Legalization. 1. In all cases where school 
lands have been sold and certificate has either been issued 



366 



SCHOOL LAW OF INDIANA. 



to tlie purchaser or entered of record in the proper office, or 
otherwise, so the purchaser entered into possession and paid 
part oi' Hie whole of the purchase money, or could have en- 
tered into occupancy, such sale shall be deemed and held 
a sale under the law, as much as it would be had a deed 
been made and delivered and the fee had been passed to 
the purchaser; and such lands shall be deemed and held as 
having been sold, so as to make them liable to taxation, with- 
in the meaning of the law, as fully and completely as they 
would have been had a deed been delivered. All appraise- 
ments of lands so sold, and all assessments of the same for 
taxes, and all levies and collections of taxes thereon, here- 
tofore made, are hereby legalized and declared to be law- 
ful and valid, and shall in nowise be subject to question by 
reason of such sale not having been consummated by ex- 
ecution and delivery of deed. (R. S'. 1881, § 4364; R. S. 
1901, § 5791; R. S. 1897, § 6053.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

523. Title, when complete. 72. Such deed shall be ex- 
ecuted and acknowledged, at the cost of the grantee, by the 
county auditor, as in other cases ; and, thus executed and de- 
livered, shall vest in the grantee, his heirs and assigns, for- 
ever, a complete title to the land. (R. S. 1881, § 4365; R. S. 
1901, § 5792; R. S. 1897, § 6054.) 

524. Sale had without vote. 73. The voters of any con- 
gressional township may, in the absence of a vote to sell 
land, and in lieu thereof, petition the trustee of the town- 
ship for such sale. Such petition, if signed by a majority of 
all the voters of the township, shall be filed with the county 
auditor, and the same proceeding shall be had as provided 
in section 54 [§ 500], upon a vote of the inhabitants of the 
township for such sale. Such petition and certificate shall 
be recorded in the record-book of the trustee of the town- 
ship and of the county auditor of the investment of funds 
held for the benefit of common schools and congressional 



SCHOOL LAW OF INDIANA. 367 

townships. (E. S. 1881, § 4366; R. S. 1901, § 5793; R. S. 
1897, § 6055.) 

1. Withdrawing signatuke. See section 484. After a petition lias 
been recorded, persons whose names are signed to it can not withdraw their 
signature so as to defeat a sale. 

525. Compensation on failure of title. 150. When any 
officer authorized to sell school lands shall have sold any 
lands without a title thereto, such officer, or his successor in 
office may convey such other lands of equal value as may he 
agreed upon hy such officer and the purchaser, his heirs or 
assigns; or, failing to make such agreement, the purchase 
money, with interest, shall he repaid to the purchaser, his 
heirs, executors, administrators or assigns; hut no such pur- 
chase money shall he thus repaid until the proper prosecut- 
ing or district attoi*ney shall have investigated the facts of 
the case and certified to the correctness of the claim. (E. S. 
1881, § 4367; E. S. 1901, § 5794; E. S'. 1897, § 6056.) 

1. Sales legalized. Sales in unanthorixed subdivisions prior to 
March 3, 1S55, were legalized. — Acts 1855, p. 144. 

[1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 

526. Lands of surplus revenue fund, how sold. 1. Where 
the surplus revenue fund belonging to common schools, in 
any count}^ in this state, or any part of such fund, has hy 
any means become invested or changed into real estate, the 
hoard of commissioners of such county are hereby author- 
ized to dispose of the same, by sale, in such manner as may 
seem best for the interest of the common school fund, and to 
reinvest the proceeds of such sale in the manner directed 
by law for the investment of other moneys belonging to the 
common school fimd. (E. S. 1881, § 4368; E. 'S. 1901, § 5795; 
E. S. 1897, § 6057.) 

[189.3, p. 41. Approved and in force February 17, 1893.] 

527. Interest —Judgment. 1. The principal of all 
moneys, whether belonging to the common school fund or 
to the congressional township school fund, received into the 



368 SCHOOL LAW OF INDIANA. 

county treasury shall be loaned at 6 per cent, per annum, 
payable annually in advance, and the interest paid out as 
prescribed by the school law of this state, and not otherwise ; 
and any judgment upon any note or mortgage for any part 
of said fund shall bear 6 per cent, interest from the date 
thereof till the same is paid; and no greater rate of interest 
than is herein specified shall be exacted or received upon 
any loan heretofore made at the rate of 8 per cent, per an- 
num shall, from and after the taking effect of this act, draw 
6 per cent, interest per annum, the same as if negotiated 
under the provisions of this act. (R. S. 1901, § 5796; R. S. 
1897, § 6058.) 

1. Kepeai.. This act repeals that of March 2, 1SS9 — Acts 1889, p. 81. 

2. Interest aiteb maturity. A school fund mortgage draws the 
same interest after maturity that it does before. — Stockwell v. State, 101 
Ind. 1. 

3. Rebate. Au agreement to rebate a part of the interest out of the 
county revenue is void. — Michener, Atty.-lien. 

[1907, p. 76. Approved February 25, 1907. In force April 10, 1907.] 

528. Advertisement of funds. 1. It shall be the duty 
of the county auditor to publish once each quarter, in a 
weekly paper of general circulation published in his county, 
the amount of the common school fund on hand subject to 
loan: Provided, No such newspaper advertisement shall 
cost to exceed one dollar and fifty cents. In all cases where 
there is one thousand dollars in such fund to be loaned, he 
shall also keep the same continually posted on a bulletin 
board in a conspicuous place in his office: Provided, That 
in counties containing a city having a population of ten 
thousand or more, according to the last preceding United 
States census, said notice may be published in a daily news- 
paper of general circulation, but such notice shall not be 
published more than once in a quarter in such newspaper. 

529. County auditor — Penalty. 2. Should the auditor 
fail to comply with the requirements of this act he shall be 
deemed guilty of a misdemeanor, and upon conviction there- 
of shall be fined not less than ten (10) dollars nor more than 
twenty-five (25) dollars for each offense. 



SCfiiOOL LAW OF IlSDIANA. 369 

[1865, p. 3. Approved and in force March 6, 1865.] 

530. Auditor's duty. 75. Such loans shall be made by 
the county auditor, who shall inform himself of the value of 
the real estate offered in the mortgage and be satisfied of 
the validity of the title thereof and all persons applying for 
a loan shall produce to said auditor title papers, showing 
to his satisfaction, a good and sufficient title in fee-simple, 
without incumbrance, [and] not derived from sale for taxes. 
(R. S. 1881, § 4370; R. S. 1901, § 5797; R. S. 1897, § 6059.) 

1. Prior mortgage. The existence of an incumbrance to the knowl- 
edge of the auditor does not invalidate the mortgage as against the bor- 
rower.- — Deming v. State, 23 Ind. 41 G. 

2. Personal SECv:RiTy. A loan on personal security only, without a 
mortgage, though a violation of the auditor's duty, is nevertheless binding 
upon the borrower and the surety. — Scotten v. State, 51 Ind. 52. 

3. Loan to himsklf uwlawfx/l. A mortgage executed by a county 
auditor to secure a loan of a part of the common school fund made to 
himself is valid or invalid at the option of those having the supervisory 
control of the fund. The loan is unlawful as against public policy, and is 
a breach of the auditor's olllcial bond, but the mortgage may, both to the 
auditor and those claiming under him, be resorted to and enforced as a 
moans of reimbusing the fund, looking to the auditor and his sureties for 
any deficiency that may remain after the mortgaged land has been ex- 
hausted.— State V. Levi, 99 Ind. 77. See also Stockwell v. State, 101 Ind. 
n ; State v. Greene, 101 Ind. 582 ; and Ware v. State, 74 Ind. 181. 

4. Suit to cancel mortgage. A suit can not be maintained against 
the auditor to cancel a school fund mortgage. — Crooks v. Kennett, 111 Ind. 
347 ; Snodgrass v. Morris, 123 Ind. 425. 

5. Auditor agent of public. In making a loan a county auditor acts 
neither for himself nor the borrower, but for the public; he possesses 
no powers except such as are given by statute; and all persons are bound 
to take notice of the character in which he acts and his limited powers. — 
Davee v. State, 7 Ind. App. 71. 

531. Appraisement. 76. The auditor shall require three 
disinterested freeholders of the neighborhood to appraise 
any land offered in mortgage. (R. S. 1881, § 4371; R. S. 
1901, § 5798; R. S. 1897, § 6060.) 

532. Duty of appraisers. 77. Such appraisers, being 
first officially sworn, shall examine and appraise such land, 
and sign and give to the applicant a certificate, setting forth 



370 SCHOOL LAW OF INDIANA. 

the fair cash value of the land at the time, without taking 
into consideration perishable improvements. (R, S. 1881, 
§ 4372; E. S. 1901, § 5799; R. S. 1897, § 6061.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

533. Loans outside of county. 78. In making such loans 
preference shall be given to the inhabitants of the county: 
Provided, That whenever any of such funds shall have re- 
mained in the treasury of any county to which the same may 
belong for a period of three months, without being loaned to 
any inhabitant of said county, then the auditor of said 
county may loan the same to any freeholder of any other 
coimty in Indiana, upon his complying with the law regulat- 
ing such loans. When the land received as security for 
any such loan is situated in any county of the state other 
than the one in which the loan is made, and there is default 
in the payment of interest or principal, the auditor of the 
county making the loan shall at once transmit to the auditor 
of the county where the land is situated a certified copy of 
the note and mortgage given for the loan, with a statement 
of such default in payment, and the auditor of such latter 
county shall, upon such certified copy, at once proceed to 
enforce the collection of such loan either by suit or sale of 
the land, as is now provided by law; and, after receiving 
such certified copy by said auditor, all steps taken, and all 
proceedings had, with reference to said loan or the land 
which was mortgaged shall be the same as if the loan had 
originally been made ouit of the funds belonging to said 
county; and all money collected or realized upon such loan 
shall at once, as soon as collected or realized, be paid over 
to the auditor of the county having made the loan. (R. S. 
1894, § 1901; R. S. 1897. § 6062.) 

1. Old law. Until this section was enacted a loan could not be made 
outside of tlie county, although the mortgage given to secure it was valid. — 
SIvelton V. Bliss, 7 Ind. 77. 



SCHOOL LAW OF INDIANA. 371 

[1901, p. 152. Approved and in force March 7, 1901.] 

534. Loan of school and university funds. 1. The prin- 
cipal of all ]iioneys, whether belonging to the common 
school fund, the congressional township school fnnd, or the 
permanent endowment fund, Indiana university, received 
into the county treasury, shall be loaned at 6 per cent, per 
annum payable annually at the end of each year from the 
date of such loan. (R. S. 1901, § 5796a.) 

535. Limit of loan. 2. The amount loaned to any per- 
son or company from the common school fund, the congres- 
sional township school fund, or the permanent endowment 
fund, Indiana University, shall not exceed four thousand 
dollars. (E. S. 1901, § 5796b.) 

1. Exceeding limit. Although the amount loaned exceed the amount 
allowed by this section, yet the loan is valid. — Deming v. State, 28 Ind. 416. 

[1903, p. 119. Approved and in force February 28, 1903.] 

536. Percentage of value of land. 3. The sum loaned 
shall not exceed one-half the appraised value of the prem- 
ises proposed to be mortgaged. In all cases where perish- 
able improvements upon real estate are accepted as a part 
of the security for any such loan, the real estate and the 
perishable improvements thereon shall be appraised sepa- 
rately, and there shall be procured by the borrower a pol- 
icy, or policies, of fire and tornado insurance issued by a 
company, or companies, duly authorized by the auditor of 
state to do business in this state, and such policy or policies 
shall contain the union mortgage clause in favor of the 
county wherein such loan is made, and such borrower shall 
deliver such policy, or policies, of insurance to the auditor 
of such county and shall keep such improvements insured 
in the manner aforesaid during the time that such loan is 
in force. The mortgage securing such loan shall contain 
the provision that such insurance shall be procured and 
kept in force as above provided. Upon the failure of said 
borrower to do so, the auditor shall procure such insurance, 

[24] 



372 SCHOOL LAW OF INDLA.N1. 

and tlie premium or premiums thereof shall become a part 
of the debt secured by said mortgage, bearing same rate of 
interest as the mortgage debt, and the further provision 
that such mortgage may, upon such default by such bor- 
rower, be foreclosed. Such insurance shall in all cases be 
for a sum equivalent to sixty-six and two-thirds per cent, 
of the appraised value of such portion of said perishable 
improvements as is accepted as security for any such loan : 
Provided, That when such premises are situated in a county 
other than that to which such fund may belong, the sum 
loaned thereon shall not exceed forty per cent, of the ap- 
praised value of such premises. 

[1901, p. 152. Approved and in force March 7, 1901.] 

. 537. Length of time. 4. No loan shall be made for a 
longer term than five years, and any borrower of such 
funds shall have the right to pay not less than ten per cent, 
of any sum so loaned to him at the end of any year during 
the maturing of said loan, and shall not be required to pay 
any interest thereafter on such sum paid. (R. S. 1901, § 
5796d.) 

538. County may borrow. 5. In any county in this 
state where the common school fund, congressional town- 
ship school fund, or the permanent endowment fund, Indi- 
ana university, or either of said funds, subject to loan by 
the county auditor, shall accumulate to the amount of one 
thousand dollars or more, and shall remain unloaned for a 
period of thirty days or more, and such county shall not 
have sufficient money in its treasury to pay the debts and 
obligations then owing by such county, it shall be lawful 
for such county to borrow and use such unloaned school 
funds, or any portion thereof, for a period not exceeding 
five years. (R. S. 1901, § 5796e.) 

539. Note of county — County council. 6. Whenever 
any county council shall determine to borrow and use any 
such funds under the provisions of this act, such council 



SCHOOL LAW OF ESTDIANA. 373 

shall cause to be entered of record an order specifying the 
amount of such funds to be borrowed and used, and the 
time for which such loan shall be made, and shall execute 
to the state of Indiana, for the use of the said funds, a 
written obligation signed by the president of said council, 
specifying the facts under which the same is executed, the 
sum of money borrowed, and the time when such money 
shall be repaid to such county. Said obligation shall be de- 
posited with the auditor of the county, and shall be pre- 
served by him as mortgages for loans of such funds are 
kept and preserved; and such auditor shall make the same 
entries of record in his office respecting such loans as he is 
required by law to make when loans of such funds are made 
to private individuals. (R. S. 1901, § 5796f.) 

540. Auditor's warrant. 7. On the deposit of such obli- 
gation with the county auditor, he shall draw his warrant 
upon the county treasurer, in favor of such county, for the 
amount of money specified in such order and obligation; 
and on presentation of such warrant to such treasurer he 
shall transfer from the principal sum of the common school 
funds, the congressional township school funds or the per- 
manent endowment fund, Indiana university, in his hands, 
subject to loan, to the credit of the county revenue of such 
county, the amount of such warrants, and such sum shall 
become a part of the general revenue funds of the county. 
No county auditor shall act as agent for any person, firm 
or corporation, either directly or indirectly, during his 
term of office, in the negotiation of any loan of money, other 
than in loaning the funds mentioned in this act. 

541. Rate of interest. 8. Any county borrowing and 
using any funds under the provisions of this act, shall be 
required to pay interest for the use of such funds at the 
rate of six per cent, per annum. (R. S. 1901, § 5796h.) 

542. Payment of loan. 9. On the payment by any 
county of a loan made under this act, the same proceedings 



374 



SCHOOL LAW OF INDIANA. 



shall be had by the county auditor and treasurer as is re- 
quired by law to be taken and had, so far as entries upon 
their records are concerned, as when a loan of school funds 
or state university funds is paid by a private individual, 
and when such loan is fully paid, and a receipt therefor 
given by the county treasurer to the county auditor, such 
auditor shall enter of record a statement showing such 
payment and shall cancel the obligation given by the county 
council and file the same for future reference in the arch- 
ives of his office. (E. S. 1901, § 57961.) 

543. Transfer from one county to another. 10. When- 
ever more than five thousand (5,000) dollars of either of 
said funds remains unloaned in any county for a period of 
six (6) months, it shall be the duty of the county auditor to 
notify the auditor of state of such fact, with the name of 
the fund to which such unloaned sum belongs, and the 
amount so unloaned. The auditor of any county having 
applications for loans beyond the amount of the funds now 
apportioned to said county shall notify the auditor of state 
of such fact, and the auditor of state may transfer the un- 
loaned funds from any county to any other county, credit- 
ing the county from which the same is transferred with the 
amount so transferred, and charging the county to which 
the same is transferred with such amount, and thereafter 
the county to which such sum is transferred shall account 
for the interest thereon. (R. S. 1901, § 5796j.) 

1. Note. Section 11 repeals all laws in conflict with the ten pre- 
ceding sections. 

[1881, p. 99. Approved and in force April 14, 1881.] 

544. Certificate as to liens. 1. An applicant for a loan 
of a part of the common school fund or of the congrea,- 
sional township school fund shall file with the auditor of 
the county the certificate of the clerk and recorder of the 
county that there is no incumbrance on the land offered as 
a security for the loan in either of said offices : Provided, 



SCHOOL LAW OF INDIANA. 



375 



That where the records, books and papers of the clerk's 
office have been destroyed by fire, the clerk's certificate 
shall only state the fact and date of such destruction, and 
that there is no incumbrance on said land appearing from 
any of the records, books and papers then on file in his 
office, and that there is no incumbrance on said land in his 
office of which he has any knowledge. The applicant shall 
also, in such case, execute to the state of Indiana, for the 
benefit of the common school fund, a bond with one or more 
freehold sureties to the approval of the auditor, condi- 
tioned for the payment of so much of the loan as may be 
lost by reason of any incumbrance or lien upon the land 
which was evidenced by the records, books or papers in the 
clerk's office which have been destroyed. (R. S. 1881, § 
4375; R. S. 1901, § 5802; R. S. 1897, § 6065.) 

1. Evidence. For the purpose of showing that the law was complied 
with in making a loan, the certificate of the clerk and. recorder and the affi- 
davit of the mortgagor are competent evidence to show a compliance with 
this statute.— Stockweli v. State, 101 Ind. 1. 

2. Prior lien. At the time the loan was made there was a prior in- 
cumbrance on the lands mortgaged, of which fact the auditor had notice 
by the borrower's affidavit of title, but it was held that the mortgage was 
valid as against the borrower. — Deivang v. State, 2.3 Ind. 416. 

3. Negligence of auditor — Irkegulaeity of loan. A complaint to en- 
join a sale of land by. a county auditor to satisfy a school fund mortgage, 
which shows that the plaintiff, after the jnortgage was executed, purchased 
the land under the foreclosure of a secret vendor's iien antedating the mort- 
gage, and alleges that the plaintiff, at the time the mortgage was executed, 
held <\ judgment against the moi-tgagor, but makes no claim of title under 
that judgment, and alleges further than the auditor in taking the mort- 
gage failed to require an oath of the mortgagor and a certificate of the 
clerk and recorder that the land was unincumbered, and also failed to 
liave the property appraised, as provided by law, is not sufficient to entitle 
the plaintiff to an injunction oi to avoid the mortgage. — Winstandley v. 
Crim, 117 Ind. 328. 



[1865, p. 3. Approved and in force March 6, 1865.] 

545. Oath of applicant. 81. Such applicant shall make 
oath that there is no incumbrance or better claim, that he 
knows of, and that the abstract of the title presented by 



376 SCHOOL LAW or INDIANA. 

him is, as he believes, a true one. (E. S. 1881, § 4376 ; E. S. 
1901, § 5803; E. S. 1897, § 6066.) 

1. No AFFIDAVIT. A failure to make the aflidavit does not render the 
loan void. — Winstandiey v. Crim, 117 Ind. 328. 

2. Married woman. Where a married woman, in executing the usual 
preliminary papers, states that she is the owner ot the land and is also 
the borrower, she can not thereafter assert that her husband was borrow- 
ing the money and she was only his surety. — State v. Frazier, 134 Ind. 648; 
Lloyd V. State, 134 Ind. 506 ; Davee v. State, 7 Ind. App. 71 ; Snodgrass v. 
Morns, 123 Ind. 425; Trimble v. State, 145 Ind. 154. But if her husband 
is the borrower, and she makes no declaration in the preliminary papers 
that she is the borrower, her mortgage on her land for the amount borrowed 
is invalid.— Welch v. Fisk, 139 Ind. 637. 

546. Time of loan. 82. No loan shall be made for a 
longer term than five years. (E. S. 1881, § 4377 ; E. S. 1901, 
§ 5804; E.S. 1897, § 6067.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

547. Limit of loan. 3. The sum loaned shall not exceed 
one-half of the appraised value of the premises proposed 
to be mortgaged, clear of all perishable improvements: 
Provided, That where such premises are situated in a 
county other than that which such fund may belong, the 
sum loaned thereon shall not exceed one-fourth of the ap- 
praised value of such premises, exclusive of perishable im- 
provements. Such value to be determined by existing laws 
of the state of Indiana. It is hereby made the duty of the 
board of commissioners of each county in this state, at their 
first regular session after the taking effect of this act, to ap- 
point in each commissioner's district of the county three 
reputable freeholders, any two of whom, without the con- 
currence of the third, may act as school fund appraisers, 
whose duty it shall be upon oath to make all the appraise- 
ments of lands in their respective districts, required in this 
act or in the act of which this is amendatory. Said ap- 
praisers, or any of them, may be removed and new ones 
appointed by said board at any regular or special session, 
and in case any of such appraisers is at any time disquali- 



SCflOOL LAW OF INDIANA. 



377 



fied, by reason of kinship or interest, from acting, the ap- 
praisement shall be made by the other appraisers, who, in 
case of a disagreement, shall select a third appraiser. Said 
appraiser shall receive the same compensation for making 
each appraisement, and be paid in the same manner as such 
appraisers are now paid. (E. S. 1901, § 5805; E. S. 1897, § 
6068.) 

1. See sectioD 535 in regard to limit of loan. The act of 1901 prevails. 
[1865, p. 3. Approved and in force March 6, 1865.] 

548. Acknowledgments and oaths. 84. The auditor 
shall have the power to administer all oaths and take all 
acknowledgments required by this act. (E. S. 1881, § 4379; 
E. S. 1901, § 5806; E. S. 1897, § 6069.) 

549. Record of mortgages — Priority. 85. Mortgages 
taken for such loans shall be considered of record from the 
date thereof, and shall have priority of all mortgages or 
conveyances not previously recorded, and all other liens 
not previously incurred, in the county where the land lies. 
(E. S. 1881, § 4380; E. S. 1901, § 5807; E. S. 1897, § 6070.) 

1. Lien wixuout kecord. A school fund mortgage is a lien upon the 
land as to subsequent purchasers without being recorded. — West v. Wright, 
98 Ind. 335 ; Deming v. State, 23 Ind. 416. 

2. Parties holding or claiming through the mortgagor in a school 
fund mortgage are bound to take notice of the mortgage, though not re- 
corded. A school fund mortgage is not void as to the state because the 
county auditor has made the loan to himself. Such mortgage draws the 
same interest after foreclosure as before maturity. — Stockwell v. State, 
101 Ind. 1. 

3. Tax title subject to moutgage. The purchaser and grantee of 
real estate, under the tax deed, takes his title to such real estate under the 
provisions of R. S. 1901. § 8623 ; R. S. 1897, § 9158, and subject to all the 
claims which the state may have thereon for taxes, or other liens or in- 
cumbrances, such as a mortgage executed thereon to the state, as a security 
for tlie payment of a loan to the school fund, prior to such tax sale and 
the execution of sucli tax deed. This is so, although the taxes for which 
the real estate was sold, had been assessed and delinquent before the 
execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So 
a sale of lands for taxes which accrued after the execution of a school 
fund mortgage is subject. to the mortgage lien. — Stockwell v. State, 101 



378 SCHOOL LAW OF INDIANA. 

Ind. 1. Where a mortgage to secure a school fund loan is assumed by the 
purchasers of the real estate, the mortgagors to whom the loan was made 
do not, by a subsequent purchase of the real estate sold by the auditor 
to satisty the mortgage take the property divested of liens for taxes as- 
sessed by the city in v/liich the property is situated. — City of Logansport 
V. McConnell, 121 Ind. 41G. 

4. Notice of moet'Jage — Purchaser at tax sale. Land on which the 
owner has placed a school fmid mortgage is as much liable to taxation as 
any other land ; and a person buying it at tax sale within the year for re- 
demption from a sale on foreclosure of mortgage can not recover the amount 
paid for taxes, xit most the mortgage is only a first lien to city taxes. The 
purchaser is bound to take notice of the school mortgage and decree of 
foreclosure. He inust be held to purchase with full knowledge of mort- 
gage, the foreclosure, and to have purchased subject to the lien. — -McWhin- 
ney v. City of Logansport, 132 Ind. 9. 

550. Auditor's duty. 86. The auditor shall cause such 
mortgages to be recorded inimediately, retaining the cost 
of recording out of the money borrowed. (R. S. 1881, § 
4381; R. S. 1901, § 5808; R. S. 1897, § 6071.) 

1. AcivNowLEDGMEJSTTS. If the mortgage be recorded, not being ac- 
knowledged or proved as our general laws require to admit mortgages to 
record in the recorder's office, such i-ecord is no notice to subsequent bona 
fide purchasers. But the act of 184;> (now § 549) requires that such mort- 
gages shall be deemed recorded froui their date ; and this is notice. — Dem- 
iug V. State. 2S Ind. 416; Mann v. State, 116 Ind. 383. 

2. LiEK WITHOUT RECORD. A s(-hool fuud mortgage is a lien upon the 
land as to subsequent purchasers, without being recorded. — -West v. Wright, 
98 Ind. 335. 

3. CAKCEi.LA'^ioisr OE MORTGAGE .An action to cancel a school fund 
mortgage will not- lie against a county auditor; the state is the party in 

■interest. — Crooks v. KenneLt, 111 Ind. 347; Snodgrass v. Morris, 123 Ind. 
425. 

551. Fees. 108. The following fees only shall be 
charged in cases of mortgage for loans: To each ap- 
praiser, fifty cents; for recording mortgage, one dollar; 
for drawing mortgage, one dollar; for making borrower's 
affidavit, ten cents; for clerk's certificate, fifty cents; for 
recorder's certificate and examining title, each one dollar; 
which shall be paid by the borrower. (R. S. 1881, § 4382; 
R. S. 1901, § 5810; R."^ S. 1897, § 6072.) 

552. Interest unpaid — Auditor's duty. 87. On failure 
to pay any installment of interest when the same becomes 



SCHOOL LAW OF USTDIANA. 



379 



due, the principal sum shall forthwith become due and pay- 
able, and the auditor may proceed to collect the same by 
suit on the note, or by sale of the mortgaged premises. He 
may also, by suit, recover the possession of the mortgaged 
premises before sale thereof; and he shall, on the fourth 
Monday in March, annually, offer for sale all mortgaged 
land on which payments of interest are due on the first day 
of January and unpaid on the day of sale. (R. S. 1881, § 
4383; E. S. 1901, § 5811; E. S. 1897, § 6073.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

553. Collection on default. 4. It shall be the duty of 
the auditor of each county, in case default shall be or has 
been made in the payment of principal or interest of any 
school fund loan, to at once proceed to enforce the collec- 
tion of such principal or interest, as the case may be ; and 
any auditor who shall fail or refuse to comply with the re- 
quirements of this section shall be deemed guilty of a mis- 
demeanor, and upon conviction shall be fined in any sum 
not exceeding one thousand dollars. (E. S. 1901, § 5812 ; E. 
S. 1897, § 6074.) 

1. Statute mandatory. In selling lands, the auditor must strictly 
follow the requirements of the statutes upon the subject. Where sale is 
made to make a greater sum than is due, the sale is void; and where the 
borrower has made a payment of interest, and failed to file the treas- 
urer's receipt with the auditor, it will not excuse the auditor for selling 
to make a sum greater than is really due. — Key v. Ostrandrer, 29 Ind. 1 ; 
Arnold v. Graff, 58 Ind. 543. The law in force at the time of sale, px'o- 
viding the method, notice and other elements of remedy, governs the sale. 
— Webb V. Moore, 25 Ind. 4 ; .Jones v. Hopkins, 26 Ind. 450 ; Moore v. 
Seaton, 31 Ind. 11. 

2. Tax and other state liens. The purchaser at a tax sale take? 
the land subject to a school mortgage or any other lien held by the state. 
This is so, although the taxes for which the real estate was sold, had 
been assessed and delinquent before the execution of such school fund 
mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes 
•\vhich accrued after tlie execution of a school fund mortgage is subject 
to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage 
to secure a school fund loan is assumed by the purchasers of the real 
estate the mortgagors to whom the loan was made do not, by a subse- 
quent purchase of the real estate sold by the. auditor to satisfy the mort- 



380 SCHOOL LAW OF INDIANA. 

gage take the property divested of liens for taxes assessed by tlie city in 
whicli the property is situated. — City of Logansport v. McConnell, 121 
Ind. 416. 

3. Can not release without payment. The auditor of a county has 
no authority to release a school mortgage unless the money is paid, and 
where a party is entitled by his contract to an unincumbered title, is 
not compelled to accept a conveyance of land thus encumbered, though 
the auditor has released the mortgage of record. — Conley v. Dibber, 91 
Ind. 413. 

4. When auditor may proceed. The auditor may proceed, immedi- 
ately upon default in the payment of the principal or interest, to collect 
the entire mortgage due, and he has no discretion in offering for sale, on 
the fourth Monday in March, all such lands in default on the first day 
of January. 

5. Foreclosure. A suit by the county auditor to foreclose a mort- 
gage may be maintained instead of resorting to statutory proceedings, — 
Deming v. State, 23 Ind. 416; Ferris v. Cravens, 65 Ind. 262; Stockwell 
V. State, 101 Ind. 1 ; Kendall v. Green, 101 Ind. 532. 

6. Merger of mortgage. After obtaining judgment and foreclosure 
by suit, the mortgage is merged ; the auditor can not, then, sell under it, 
and such sale is a nullity. — Farris v. Cravens, 65 Ind. 262. 

7. No WARRANTY. The state does not warrant the title of lands sold 
on account of the school funds. Officers should see that lands mortgaged 
to secure the school funds are propei'ly described and unincumbered, but 
the purchaser at the mortgage sale takes whatever title he gets, and there 
is no law authorizing the refunding of purchase money by the offlcers.- — 
Woollen, Atty.-Gen. 

8. Title from the state. The title of a purchaser from the state, 
after the state has acquired title upon a forfeiture against a school fund 
borrower and mortgagee, takes precedence of any tax-deed or lien, whether 
state, city or county, for taxes that accrued subsequent to the school fund 
loan. — Baldwin, Atty.-Gen. 

554. Fund to be specified. 88. The mortgage may ] :e, in 
substance, as follows : and the auditor shall specify therein 
whether the same belongs to the common school fund or to 
the congressional township fund, and, if the latter, the par- 
ticular township or townships whose funds are thus loaned 
(E. S. 1881, § 4384; E. S. 1901, § 5813; E. S. 1897, § 6075.) 

1. Omissions to specify. The omission to state the particular fund 
does not render the mortgage void.— Benefiel v. Aughe, 93 Ind. 401, 407 ; 
Ellis V. State, 2 Ind. 262. 

555. Form of mortgage. 89. I, A. B., of the county 

of , in the state of Indiana, do mortgage to the state 

of Indiana,, for the use of [here describe the fund out of 



SCHOOL LAW OF INDIANA. 



381 



which the loan was made] all [here describe the land], for 

the payment of dollars, with interest at the rate of 

eight per cent, per annum, payable annually in advance, 
according to the conditions of the note hereto annexed. 
(R. S. 1881, § 4385; E. S. 1901, § 5814; R. S. 1897, § 6076.) 

1. Construction. For cases on school mortgages, see Burk v. Axt, 
85 lud. 512 ; Nolan v. State, 115 Ind. 529. 

2. Description. A description of land in a school fund mortgage as 
"the northeast part" of a specified tract, "containing ninety acres," is in- 
suflicient, and an auditor's sale made thereunder is invalid. — Burk v. Axt, 
85 Ind. 512. If the mortgage does not contain a proper description of ' 
the land, such description may be corrected on a decree to foreclose the 
mortgage. — Noland v. State, 115 Ind. 529. 

3. Presumption. A deed or mortgage made in the form prescribed 
by the law of this state, and purporting to have been acknowledged in this 
state between parties residing in the state, and containing nothing to indi- 
cate a contrary intention, will be presumed by the courts to be of land in 
this state. Where both the county and state are omitted from the de- 
scription of land embraced in a mortgage, but it appears on the face of 
the mortgage that it was executed by parties residing in a certain county 
for the purpose of securing a loan of school funds borrowed by the mort- 
gagor, through the auditor of that county, it will be presumed, without 
more, that the land is there situated. — Mann v. State, 116 Ind. 383. 
Quare : ' Would this rule of presumption prevail now, since auditors may 
lend outside of their counties? 

4. Cancelling mortgage. In an action to set aside and cancel a 
school fund mortgage, the county auditor is not a proper defendant, and a 
judgment against such officer in such actions will not bind the state, it 
not being a party, and it is very doubtful if the state can even be thus 
sued. — Crooks v. Kennett, 111 Ind. 347 ; see Snodgrass v. Morris, 123 Ind. 
425. 

5. Wife. A wife may borrow money and mortgage her own land to 
discharge valid liens thereon, or for a purpose that enures to its benefit or 
protection.— Noland v. State, 115 Ind. 529. 

6. Loan to married women — estoppel. If a married woman, to ob- 
tain a loan, complies with all the statutory requirements in relation there- 
to and executes a mortgage upon her separate real estate, she is estopped 
from questioning the validity of the mortgage; and the fact that the 
auditor may have had knowledge that he was obtaining the loan as se- 
curity for another, can not affect the validity of the mortgage when he 
acted within the letter of the statute, and the mortgage has been volun- 
tarily executed. — Davee v. Board, 7 Ind. App. 71. The auditor must pay 
her the money, and if he pay another he will be personally liable; but in 
such an instance the mortgage will be valid. — Lloyd v. State, 134 Ind. 
506. But if she gives a mortgage for a loan made to her husband or any 
other person, the mortgage is invalid. — State v. Frazier, 134 Ind. 648. 

7. The rate of interest is now 6 per cent. See § 534. 



382 SCHOOL LAW OF llSTDIAlSrA. 

556. Form of note. 90. The note accompanying the 
same may be in substance as follows, to wit: I, A. B., 
promise, to pay to the state of Indiana, for the nse of [here 

recite the particular fund], on or before , the sum of 

— — dollars, with interest thereon at the rate of eight per 

cent, per annum in advance, commencing on the day 

of , 18 — ; and do agree that, in case of failure to pay 

any installment of interest when the same shall become 
due, the principal sum shall become due and payable, to- 
gether with all arrears of interest; and on failure to pay 
such principal or interest when due, two per cent, damages 
shall be collected, with costs, and the premises mortgaged 
may be sold by the county auditor for the payment of such 
principal sum, interest, damages and costs. (E. S. 1881, § 
4386 ; E. S. 1901, § 5815 ; E. S. 1897, § 6077.) 

1. Note not signed. A mortgage executed to secure a note attached 
to it is binding, ttiougli tlie note is not signed; and tliere is no error in 
allowing the note to be read in evidence, it being a part of the mortgage. — 
McFadden v. State, 82 Ind. 558, 

2. Illegal fees. As to attorney fees charged for collecting a note, 
see Coleman v. Goben, 16 Ind. App. 346. 

3. The rate of interest is now 6 per cent. See § 534. 

557. Warrant to borrower. 91. On making a loan of 
any fund the auditor shall draw his warrant in favor of the 
borrower, upon the county treasurer, who shall charge it to 
the proper fund. (E. S. 1881, § 4387; E. S. 1901, § 5816; 
•E. S. 1897, § 6078.) 

558. Payments — Quietus. 92. All loans refunded and 
all interest shall be paid to the county treasurer, and his 
receipt shall be filed with the county auditor, who shall 
give the payer a quietus therefor, and make proper en- 
tries. (E. S. 1881, § 4388; E. S. 1901, § 5817; E. S. 1897, § 
6079.) 

1. Note. The auditor is bound to take notice of a payment to the 
treasurer, whether or not receipt has been filed with him. — Key v. Os- 
trander, 29 Ind. 1. 

2. Payment to treasurer and not to auditor. Payment shall be 
made to the county treasurer and not to the county auditor. — Cole v. Miller, 
60 Ind. 468. 



SCHOOL LAW OF INDIANA. 



383 



0. Cancellation of mortgage. A purchaser of the land mortgaged 
has a right to rely upon the cancellation of such mortgage by the auditor ; 
and need not inquire if the money due on it has been paid to the county 
treasurer.— Slaughter v. St;ite, lc'2 Tnd. 465. 

559. Indorsements and satisfaction. 93. Whenever the 
amount due on any mortgage shall be paid, and the treas- 
urer's receipt therefor filed, the auditor shall indorse on 
the note and mortgage that the same has been duly satis- 
fied, and surrender the same to the person entitled thereto ; 
and, on production of the same thus indorsed, the recorder 
shall enter satisfaction upon the record. (R. S. 1881, § 
4389; R. S. 1901, § 5818; R. S. 1897, § 6080.) 

1. Entry of satisfaction. The county recorder can enter satisfac- 
tion of a school fund mortgage before foreclosure only upon indorse- 
ment by the county auditor that tlie same has been fully paid. — Stock- 
well V. State, 101 Ind. 1. 

2. Rei^ase without payment. A release of a mortgage by the coun- 
ty auditor without payment is invalid. — Conley v. Dibber, 91 Ind. 413 ; see 
Slaughter v. State, 132 Ind. 465. 

3. Improperly" satisfied. If a mortgage be improperly satisfied it 
may still be enforced. — State v. Greene, 101 Ind. 532, but a purchaser in 
good faith will be protected. — Slaughter v. State, 132 Ind. 465. 

560. Suit for deficiency. 94. In all cases where the 
mortgaged premises shall fail to sell for a sum sufficient 
to satisfy the principal and interest of the loan made, and 
the damages accrued by reason of such failure, and costs, 
the county auditor shall bring suit on the notes executed 
by the mortgagor; and whenever judgment shall be ren- 
dered thereon, no appraisement of property shall be al- 
lowed on execution issued on such judgment. (R. S. 1881, 
§ 4390 ; R. S. 1901, § 5819 ; R. S. 1897, § 6081.) 

1. The relator. The county auditor is the proper relator in a suit 
to recover school funds loaned. — Scotten v. State, 51 Ind. .52 ; Lopp v. Wood- 
ward, 1 Ind. App. 105. 

2. When suit for deficiency may' be brought. A county auditor 
who bids in, at public auction, land mortgaged to the school fund, can not 
proceed on the note executed by the mortgagor until he has made the 
subsequent sale required by section 563, and fails to realize enough to sat- 
isfy the amount due.— Clark v. State, 109 Ind. 388. 

3. Judgment. The property may be ordered sold, in the judgment, 
without appraisement. — Stockwell v. State, 101 Ind. 1. 



384 SCHOOL LAW OF li^DIANA. 

561. Notice of sales. 95. Before sale of mortgaged 
premises, the auditor shall advertise the same in some 
newspaper printed in the county where the land lies, if any 
there be (otherwise, in a paper in the state nearest there- 
to), for three weeks successively, and, also, by notice set up 
at the court house door and at three public places in the 
township where the land lies. (R. S. 1881, § 4391; R. S. 
1901, § 5820; R. S. 1897, § 6082.) 

1. Length of notice. The legislature may change the requisite 
length of notice even after the mortgage has been given. — Jones v. Hop- 
kins, 26 Ind. 450. 

2. No COMPENSATION. The auditor is not entitled to compensation 
for posting notices of sale. — The Board v. Leslie, 63 Ind. 492. 

3. Sale without notice. A sale without notice is not such new 
matter as will entitle the mortgagor to a new filing of the amount owed 
by him. — Peyton v. Kruger, 77 Ind. 486. A failure to give notice will ren- 
der the sale void. — Brown v. Ogg, 85 Ind. 234. 

4. Sufficiency of notice. A notice, under this section, describing 
the indebtedness as due the "common and congressional school fund" is 
sufficient. If the notice contains a correct description of the land by 
metes and bounds it is sulficient, although it erroneously states that the 
land was conveyed by a certain deed. All tracts may be included in one 
notice, if they be exposed for sale as separate tracts. The courts will 
presu3ne the laud lies in the county of the sale where the section, township 
and range are given. — Richardson v. Hedges, 150 Ind. 53. 

5. Sales legalized. See acts 1903, p. 299, and especially for sales 
in Floyd county. 

562. Manner of sale — Surplus. 96. At such sale (which 
shall be held at the court house door), the auditor shall 
sell so much of the mortgaged premises, to the highest bid- 
der, for cash, as will pay the amount due for principal, in- 
terest, damages and costs. When less than the whole tract 
mortgaged shall be sold, the quantity sold shall be taken 
in a square form, as nearly as possible, off the northwest- 
erly corner of said tract; and when less than the whole of 
any in-lot or out-lot of any town or city shall be sold, the 
part sold shall be laid out and taken off, so that it shall 
extend from the main or principal street or alley on which 
the said lot fronts, to the rear thereof, to divide the same 
by a line as nearly parallel with the boundaries of said lot- 



SCHOOL LAW OF INDIANA. 



385 



as practicable, and if less than the whole is sold, the aud- 
itor, in his notice of sale, shall indicate off of which side 
or end of said lot the part to be sold shall be taken; and 
if more than one tract of land is included in the mortgaged 
premises, the auditor shall elect which tract or tracts shall 
be sold, saving to the mortgagor, if practicable, the tract on 
which his house is located. If a tract of land so mortgaged, 
and liable to be sold to satisfy the mortgage, can not be di- 
vided without materially diminishing the value of such 
tract ; or if any in-lot or out-lot be indivisible by reason of 
extensive buildings or other improvements thereon, the 
auditor may sell the whole thereof, and, after paying the 
amount due for principal, interest, damages and costs, out 
of the purchase money, shall pay the balance, if any, to the 
mortgagor; and if the auditor sell any part of a tract of 
land, out-lot or in-lot for more than the amount of prin- 
cipal, interest, damages and costs, the excess, if any, shall 
be paid to the mortgagor. (R. S. 1881, § 4392; R. S. 1901, 
§ 5821; R. S. 1897, § 6083.) 

1. Division immaterial. The auditor can sell in no other way than 
that provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set 
aside a sale made by the auditor, where the mortgage debt, penalty and 
costs aggregate one hundred and fifty-two dollars and twenty cents, though 
the land was worth four thousand dollars, and could have been divided 
without materially diminishing its value, it was held to be immaterial that 
he did not, at the sale, offer any part in the form of a square, or other- 
wise, off of the northwest corner thereof. — Arnold v. GafC, 58 Ind. 543. 

2. Statute must be pursued. The county auditor, in making a sale 
of land in satisfaction of a school fund mortgage, has no power to sell 
in any other mode than that prescribed by the statute, and the burden is 
upon one claiming title under such a sale to show that the statutory re- 
quirements have been strictly pursued. — Haynes v. Cox, 118 Ind. 184. 

3. Portion sold. Where the auditor, in selling less than the whole 
tract mortgaged, does not take the quantity out of the northwesterly cor- 
ner of the tract, as required by the statute, but, on the contrary, takes it 
from another and entirely distinct portion thereof, he exceeds his power 
and the sale is invalid. — Haynes v. Cox, 118 Ind. 184. 

4. Statute must i:e strictly pursued. In a sale of real estate the 
statute must be strictly pursued or the sale will be void. — Williamson v. 
Doe, 7 Blackf. 12 ; Benefierd v. Aughe, 93 Ind. 401 ; Ferris v. Cravens, 65 
Ind. 262. 

5. Sale for more than due, A sale for a sum greater than is due 



386 SCHOOL LAW OF INDIANA. 

at the time of the sale is void. — Betson v. State, 47 Ind. 54 ; Key v. Os- 
trander, 29 Ind. 1 ; Vail v. McKenian, 21 Ind. 421 ; Boarc^ of Com. v. State, 
122 Ind. 333 ; Brown v. Ogg, 85 Ind. 234. 

G. Redemption. The purchaser takes an absolute title, and junior 
incumbrances have no right to redeem from the sale. — Schnantz v. Schell- 
haus, 37 Ind. 85. 

7. Sale in parcelis. The county auditor heed not offer the mortgaged 
premises in parcels, where they are described in the mortgage as a single 
tract.— Shannon v. Hay, 106 Ind. 589. 

8. Appkaisement. Upon the foreclosure of a school fund mortgage, 
the court may order the land sold without appraisement. — Stockwell v. 
State, 101 Ind. 1. 

9. Quieting title. One whose land has been sold to satisfy a school 
fund mortgage executed by him can not maintain an action to quiet title 
against the purchaser, although the sale was void, without first paying or 
tendering to the latter the amount paid by him. — Shannon v. Hay, 106 
Ind. 589. 

10. Rate or interest. A school fund mortgage draws the same in- 
terest after as before maturity. — Stockwell v. State, 101 Ind. 1. By act 
of 1803 the rate is six per cent. 

11. When auditor must bid. It is the duty of the auditor to ofCer 
the mortgaged premises in the manner provided by the statute ; and if, 
after offering it for sale in that manner, no one bids the amount due, he 
must bid the property in for the use of the fund secured by the mortgage. — ■ 
Haynes v. Cox, 118 Ind. 184. 

12. Subrogation. The purchaser of land sold by an auditor under a 
school fund mortgage, the sale having been set aside as invalid, may be 
subrogated to the rights of the state in the mortgage ; and the fact that 
there was a mistaken description, if the mistake can be corrected, does not 
affect the right of subrogation on the part of the purchaser. — Wilson v. 
Brown, 82 Ind. 471. 

13. Conveyance — description made good by reference, a defective 
description in a deed or mortgage is made good by a reference to another 
deed which contains a true description. — Willson v. Brown, 82 Ind. 471. 

14. Merger of mortgage. When the mortgage has been foreclosed, 
the mortgage is merged in the foreclosure, and the auditor can not sell 
under it. — Ferris v. Cravens, 65 Ind. 262. 

15. The excess. If the mortgagor has sold the land to another per- 
son, and the purchaser has assumed the mortgage, such purchaser would 
be subrogated to the mortgagor and entitled to receive the excess. — Bald- 
win, Atty.-Gen. 

16. Tax sale. The lien of the State upon land mortgaged to the school 
fund is not affected by a sale of the land for taxes, and the state ne-ed not 
redeem to save its rights. The purchaser at the tax sale takes title sub- 
ject to the school fund mortgage. — Woollen, Atty.-Gen. 

563. Auditor's bid. 97. In case of no bid for the amount 
due, the auditor shall bid in the same on account of the 



SCHOOL LAW OF INDIANA. 387 

fund, and, as soon thereafter as may be, shall sell the same 
— having first caused it to be appraised by three disinter- 
ested freeholders of the neighborhood — upon the following 
terms, viz. : One-third cash in hand, and the balance in 
four equal installments, due in one, two, three and four 
years, respectively, from the day of sale, bearing interest at 
six per cent, per annum, payable annually in advance ; but 
no such sale shall be for a less sum than the appraised 
value thereof. (R. S. 1881, § 4393; R. S. 1901, § 5822; R. 
S. 1897, § 6084.) 

1. Statute mandatoky. The auditor has no power to sell for cash, 
nor ou a credit of less than five years, nor without first having the land 
appraised, nor for a less sum than the appraised value. — Ferris v. Cravens, 
65 Ind. 262. 

2. Duty of auditor. It is the duty of the auditor to offer the mort- 
gaged premises in the manner prescribed by the statute ; and, if, after 
offering it for sale in that manner, no one bids the amount due, he must 
bid the property in for the use of the fund secured by the mortgage. — 
Hayues v. Cox, 119 Ind. 184. 

3. Reimbursing county. When the mortgagor fails to pay the in- 
terest for a number of years, and during those years the county pays 
it out of its general fund, and afterwards the mortgage is foreclosed, and 
the land is bid in by the auditor on account of the school fund, and sub- 
sequently the land is sold and conveyed to a third party, the school fund 
is only entitled to the principal of said loan and th§ interest thereon, until 
after the coujity treasury is reimbursed because of the interest it has paid 
to said fund on account of said loan. — Board v. State, 122 Ind. 333. 

4. Surplus. This section is construed with section 365. Whenever 
the land is sold, the county takes out the amount of principal of the mort- 
gage for which it was bought in, the amount of interest, damages and 
costs, and the surplus goes to the original mortgagor or his grantee. — 
Board v. State, 122 Ind. 333. 

5. Section 414. Section 414 has no reference to a sale under this 
section.— Board v. State, 122 Ind. 333. Sales legalized. Acts 1903, p. 299. 

[1865, p. 3. Approved and in force March 6, 1865.] 

564. Sale of lands bid in. 98. Lands heretofore bought 
in on account of the fund, which have been appraised, shall 
be sold in like manner ; and if, upon sale of any such land, 
a sum is realized which is more than sufficient to pay the 
principal, interest, damages and costs, the overplus shall 
be paid to the original mortgagor, his heirs or assigns^ 

[25] 



388 SCHOOL LAW OF INDIANA. 

when collected. (R. S. 1881, § 4394; R. S. 1901, § 5823; R. 
S. 1897, § 6085.) 

1. Suit on note. A suit can not be brought on the note by the 
county auditor, where he has bid in the property mortgaged to secure 
such note, until he has made the subsequent sale required by this section, 
and failed to realize enough to satisfy the amoimt due. — Clark v. State, 
109 Ind. 388. 

2. Taxes. The lien of taxes which accrued on lands mortgaged to 
the school fund subsequent to the mortgage is merged in the fee, where 
the land is bid in by the county, and taxes can not accrue on the land 
subsequently, until a purchase certificate is issued on a sale thereof. — See 
Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255; City of Lo- 
gansport v. McConnell, 121 Ind. 416. 

3. Legalizing act. For act legalizing lands sold by auditor, see 
acts 1895, p. 8G. 

[1883, p. 79. Approved and in force March 3, 1883.] 

565. Reappraisement of forfeited lands. 1. All lands 
whicli have become forfeited and have reverted, or may 
hereafter be forfeited and revert to the various townships 
in the several counties of this state, for failnre to pay the 
interest or principal of the amount due thereon to the 
school fund, and which have remained, or hereafter remain, 
unsold for the period of three years, by reason of the 
amount due thereon being in excess of the values of said 
lands, may be reappraised and sold for a sum not less than 
said reappraised value thereof; such reappraisement and 
sale to be made in the same manner and upon the same 
terms and conditions as is now prescribed by law for the 
appraisement and sale of such lands. (R. S. 1901, § 5776; 
R. S. 1897, § 6038.) 

566. Appropriation by commissioners. 2. Upon the 
sale of such lands, as provided for in the preceding section 
of this act, the board of county commissioners of the sev- 
eral counties in which said lands are situated may make an 
appropriation, from the general county funds, a sum equal 
to the difference between the amount for which said lands 
shall have been forfeited and the amount for which such 
lands shall have last sold; said sum appropriated to be 



SCHOOL LAW OF LNDIAXA, 



389 



placed to the credit of the proper fund, and loaned as other 
school funds are loaned. (E. S. 1901, § 5777; E. S. 1897, 
§ 6039.) 

1. Note. This and the section next above do not affect the right of 
a county to be reimbursed for interest paid on loans out of the proceeds 
of a sale under a mortgage, after the principal has been paid the State. — 
Board v. State, 122 Ind. 333. 

2. Duty imperative. The duty of the board of county commission- 
ers to make the appropriation is imperative ; for the county is liable for 
all deficits in the funds entrusted to it. 



[1865, p. 3. Approved and in force March 6, 1865.] 

567. Deed by Auditor. 99. Upon full payment being 
made for such lands, the deed therefor shall be executed by 
the county auditor, and shall be entered in the record of 
the board of county commissioners before delivery. (E. S. 
1881, § 4395; E. S. 1901, § 5824; E. S. 1897, § 6087.) 

1. Record of deed. A recording of the deed in tbe commissioners' 
record is a condition precedent to its delivery, and a necessary step in 
the sale.— Arnold v. Gaff, 58 Ind. 543. 

2. The deed as evidence. It is the deed alone that vests the title 
in the purchaser, and if the deed does not state that the proper steps have 
been talien to perfect a sale, it is no evidence that those steps have been 
taken. — Williamson v. Doe, 7 Blackf. 12. 

3. Tender of deed. A suit for the purchase monej can not be made 
without tender of a deed for the property, recorded as required above, not 
absolute but conditional upon payment therefor. — Johnson v. State, 74 
Ind. 588. 

4. Payment. The amount bid is paid to the treasurer, and not to 
the auditor.— Cole v. aiiller, 60 Ind. 463. 

5. Taxes. The title of the purchaser vests in the purchaser freed 
from all assessments and taxes made or levied between the date of the 
mortgage and the date of the deed. — Hamilton v. State, 1 Ind. 128 ; Groom 
V. State, 24 Ind. 255. 

6. Subrogation. If the sale prove invalid, and is set aside, the pur- 
chaser may be subrogated to the rights of the State in the mortgage. — 
Willson V. Brown. 82 Ind. 471. 

568. Statement of sales. 100. At the public sale at the 
court house door provided for in this act, the county treas- 
urer shall also attend, and make a statement of such sales, 
which shall be signed by the auditor and treasurer, and 



S90 SCHOOL LAW OF INDIANA. 

after being recorded in the auditor's office sliall be filed 
in the treasurer's office ; and such record, or a copy thereof, 
authenticated by the auditor's or treasurer's certificate, 
shall be received as evidence of the matters contained 
therein. (E. S. 1881, § 4396; E. S. 1901, § 5825; E. S. 1897, 
§ 6088;) 

1. Statement sigxnted. This statement must be signed by both audi- 
tor and treasurer, or the sale will be void. — Arnold v. Gaff, 58 Ind. 543; 
Benefiel v. Aughe, 93 Ind. 401. 

569. Title in state without deed. 101. When any land 
is laid [bid] off by the auditor at such sale, no deed need be 
made therefor to the state ; but the statement of such sale, 
and the record thereof, shall vest the title in the state, for 
the use of the proper fund. (E. S. 1881, § 4397 ; E. S. 1901, 
§ 5826; E. S. 1897, § 6089.) 

[1899, p. 55. Approved February 17, 1899. In force April 28, 1899.] 

570. Conveyance to county. 1. In cases where lands 
have been mortgaged to the common school funds or con- 
gressional school fund, and there is a default in the pay- 
ment of the interest, or the interest and principal, and the 
auditor is unable to sell such lands for a sum sufficient to 
pay such loan, as provided by law, and the county shall pay 
the same to said school fund, the board of commissioners 
may in regular or special session, if it is for the best in- 
terest of the county in the reimbursement of its general 
fund, accept, in the name of the county, a conveyance of 
said land from the owners and take possession thereof. 
(E. S. 1901, § 5823a.) 

571. Suit to foreclose. 2. That in cases where lands 
mortgaged to the common school fund or congressional 

-school fund have been offered for sale and bought by the 
auditor on account of the fund, and has been reoffered for 
sale and no bid received sufficient to pay the principal, in- 
terest, damages and costs accrued on said loan, as other- 
wise provided by law, and the county shall pay the same to 



SCHOOL LAW OP INDIANA. 391 

said school fund, the lien which the state has by reason of 
said mortgage, or said prior bid by the auditor on account 
of the fund, shall inure to the benefit of said county, and in 
such case the auditor may proceed to collect the amount due 
the county, by suit foreclosing such lien and recovering a 
personal ."judgment against the makers of said mortgage, or 
by either form of action, for the amount due the county, 
and he may also in same suit recover the possession of the 
mortgaged premises and quiet title thereto, and all liens 
and rights against the land may be adjusted as in other 
equitable actions; and the same relief may also be given 
in suits to foreclose such mortgages. All such sales shall 
be ordered without relief from valuation or appraisement 
laws, and shall be absolute and the purchaser immediately 
entitled to a conveyance. (R. S. 1901, § 5823b.) 

572. Purchase by county. 3. The board of commission- 
ers, when the county in either case has paid the principal 
and interest due such school fund for the purpose of reim- 
bursing the county, if, in the opinion of the board, it shall 
be to the best interest of the county, may cause the land, 
which has been ordered sold in such decree of the court, to 
be purchased at such judicial sale in the name of the county 
for any price, or any maximum price it may fix, not in any 
case exceeding the full amount of the principal, interest, 
cost and accrued costs due on such decree at the date of 
such sale. The officer making the sale shall execute a deed 
to the county for such real estate. 

573. Lease of land purchased. 4. The board of com- 
missioners may lease the real estate acquired under this act 
for a period not exceeding one year at a time upon such 
terms as the board may fix until the same shall be sold, that 
said lease shall be in writing, approved by said board and 
spread upon its record. The auditor shall be authorized to 
collect such rents, and if in kind sell the same in the mar- 
kets and pay the proceeds to the county treasurer as a part 
of the general fund. 



392 SCHOOL LAW OF IlSTDIANA. 

574. Sale of land — Appraisement. 5. The board of 
commissioners, at any regular or special session, shall order 
such real estate to be sold by the auditor at his office at pub- 
lic or private sale, such order shall fix the terms of sale, 
which may be in cash, or by installments with interest and 
such security as the board may require, such credits may ex- 
tend through a period of not longer than five years. Be- 
fore making such sale the auditor shall cause the land to be 
appraised by three freeholders of the county acquainted 
with the land and who shall be sworn to honestly and im- 
partially appraise the land at its fair cash value, which oath 
shall be indorsed on the appraisement. The auditor shall 
advertise such sale, giving a description of the real estate 
to be sold and the terms of sale as ordered by the board, for 
at least thirty days in some newspaper of the county and 
by posting at least five notices in the township where the 
land is situated and one at the court house of the county. 
Such real estate shall not be sold for less than the appraised 
value. The board may, if no sale is made within reasonable 
time, at any time thereafter, order a reappraisement or 
change the terms of such sale by giving further notice in 
the same manner as hereinbefore provided. Proof of notice 
and the appraisement must be filed with the auditor. When 
such sale shall have been made the auditor shall report the 
same at the next regular session of the board. Objections 
may be filed within three days from the first day of the term 
at which such sale is reported by any taxpayer or person 
interested, and such objections shall be heard and deter- 
mined by the board. A resale may be ordered, when all ob- 
jections have been determined, or if there is no objection to 
such sale the board of commissioners shall approve the sale. 
If the sale is by installments the purchaser shall be entitled 
to a certificate of such purchase and the possession of the 
land. Such certificate may be assigned and the deferred 
payments may be made with the interest accrued thereon be- 
fore maturity ; upon final payment of the purchase money 
the board of commissioners shall execute a deed to said pur- 



SCHOOL LAW OF INDIANA. 



393 



chaser or his assignee for such real estate. The money de- 
rived frojn such sale shall be paid to the county treasurer 
as a part of the general fnnd. (R. S'. 1901, § 5823e.) 

575. Deeds. 6. The auditor shall cause the deeds ex- 
ecuted to the county under the provisions of this act to be 
recorded in the recorder's office of the county. 

576. Sales legalized. 7. Any sales or conveyances made 
to any county in this state before the taking effect of this 
act are hereby legalized, and the title to any such real es- 
tate is declared to be fully vested in such county by such 
conveyance. 

577. Act supplemental. 8. This act shall not amend, 
modify or repeal any law now in force concerning the man- 
agement, loan and sale of real estate on account of any 
school fund, but it shall be an additional provision for the 
collection of such funds, and the reimbursement of the 
counties entrusted therewith. (R. S. 1901, § 5823h.) 

[1901, p. 544. Approved and in force March 11, 1901.] 

578. Cancellation of mortgagees. 1. Whereas, there are 
a large number of school fund mortgages, which appear 
unsatisfied of record in the recorder's office in the various 
counties of the state of Indiana, which, in fact, have been 
paid, the auditor of any county in the state of Indiana, 
where such mortgaged lands are situated, when requested 
by the mortgagor or owner of the lands so mortgaged, shall 
make an examination of the ledgers or other records of his 
office, and compare such records with the receipts of mon- 
eys for school fund mortgages, in the treasurer's office of 
such county, and if, upon such examination and compari- 
son, and all facts known to him, or that come to his knowl- 
edge, he finds that such mortgage or mortgages appearing 
in the recorder's office of such county as unsatisfied of rec- 
ord, have, in fact been paid, such auditor of such county. 



394 SCHOOL LAW OF INDIANA. 

where such mortgaged lands are situated, shall make entry 
of satisfaction upon the margin of the record in the record- 
er's office, showing the same to have been paid, for which 
services the mortgagor or owner of such lands shall pay to 
the auditor a fee of twenty-five cents, and also pay to the 
recorder his fee provided for releasing mortgages. (R. S. 
1901, § 5818a.) 

{1865, p. 3. Approved and in force March 6, 1865.] 

579. Annual report. 103. County auditors and county 
treasurers shall annually report, in writing, to the boards 
of county commissioners of the respective counties, at the 
June sessions of said boards relative to the school fund 
held in trust by said counties, distinguishing in said reports 
between the congressional township and common school 
funds; indicating the amounts thereof; the additions to 
them within the current year then ending ; the sources from 
whence such additions are derived; the condition of them 
as to their safety, giving the amount thereof safely invest- 
ed, unsafely invested and uninvested, and loss at the date 
of said reports; giving also the amount of interest col- 
lected upon said funds within the year then ending, and 
the amount then due and unpaid. (R. S. 1881, § 4398; R. S. 
1901, § 5827; R. S. 1897, § 6090.) 

1. Evidence. A provision in a statute that this report shall be ex- 
clusive evidence of the facts stated in it, is void. — Board v. State, 120 Ind. 
282. 

2. Repokt not coNCLtfsivE. This report is not conclusive, and does 
not prevent the county showing the actual facts. — Board v. State, 103 Ind. 
497. 

580. Duty of boards. 394. The boards of county com- 
missioners shall, annually, at their June sessions, in the 
presence of the auditors and treasurers, examine said re- 
ports, the accounts, and proceedings of said officers in re- 
lation to said funds, and the revenue derived from them. 
They shall compare with said reports, the cash, the notes, 
mortgages, records, and books of said officers, with a view 



SCHOOL LAW OF rNDIAlSTA. 395 

to ascertain the amount of said funds and their' safety ; and 
to do whatever may be necessary to secure their preserva- 
tion and the prompt payment of the annual interest there- 
on as the same becomes due; and make up to said fund 
losses which have accrued or may accrue. (E. S. 1881, 
§ 4399; R. S. 1901, § 5828; E. S. 1897, § 6091.) 

1. Suit. An action may be brought in the name of the State on re- 
lation of the board of county commissioners to recover congressional 
school funds. — Groves v. State, 9 Ind. 200 ; Butler Rogers v. Gibson, 15 Ind. 
218. 

581. Board's report. 105. Each board of county com- 
missioners, at said session, shall make out a report, in writ- 
ing; of the result of such examination, showing- 
First. The amounts of said funds at the close of last 
year. 

Second. The amount added from the sale of land within 
the year. 

Third. The number of acres of unsold congressional 
township school lands, and the approximate value thereof. 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the commissioners of the 
sinking fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth. The amount refunded within the year. 

Ninth. The amount reloaned within the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteenth. The amount of fund lost since 1842. 

Fourteenth. The amount of interest collected within the 
year. 

Fifteenth. The amount of interest delinquent. 

And in such report said board shall distinguish between 
the congressional township fund and the common school 
fund ; and in its account of the interest or revenue derived 



396 SCHOOL LAW or indiai^a. 

from said funds, it shall observe the same distinction. (E. 
S. 1881, § 4400; R. S. 1901, § 5829; R. S. 1897, § 6092.) 

1. Unsafe investments. Commissioners are not justified in report- 
ing money as safely invested on the ground that the county is liable for 
the funds entrusted to it, and therefore the state can suffer no loss. If 
any money has been loaned on personal security it should be reported 
as unsafely invested, such loans being contrary to law. 

2. Clause 13. Clause 13 of the above section is obsolete. 

582. Disposition of report. 106. Such report shall be 
entered on the records of said board; and copies thereof, 
signed by the members of the board, the auditor, and treas- 
urer, shall be transmitted to the auditor of state and the 
superintendent of pubulic instruction. (R. S. 1881, § 4401 ; 
R. S. 1901, § 5830; R. S. 1897, § 6093.) 

583. Apportionment of loans. 152. AVhere the whole of 
the school funds of a county have been loaned the auditor 
shall apportion to each congressional township a sufficient 
number of mortgages to cover the principal of its congres- 
sional township fund ; and where a part of the school funds 
only are loaned the auditor shall so apply a proportional 
amount ; and the cash on hand, when loaned, shall be for the 
benefit of the congressional townships, respectively, to the 
amount of the entire principal of its congressional town- 
ship fund; and in all loans made after the taking effect 
of this act the note and mortgage shall specify the par- 
ticular fund borrowed. (R. S. 1881, §4402; R. S. 1901, 
§5831; R. S. 1897, §6094.) 

[1879, S. p. 102. Approved and in force March 29, 1879.] 

584. Miscellaneous school fund account. 1. It shall 
be the duty of the auditor in each county to open an account 
with the congressional township school fund, to be styled 
the "miscellaneous school fund account." He shall trans- 
fer to said account, from each to^niship account, all sums 
on hand at any time when a loan is solicited (provided the 
aggregate sums will equal the amount sought to be bor- 
rowed), and may lend such combined sums in one loan; 



SCHOOL LAW OF INDIANA. 397 

whicli loan shall be numbered in consecutive order, and the 
securities shall each and all be indorsed with the number 
as "Miscellaneous Loan No. — ," as the number may be; 
and he shall enter in the miscellaneous account, on the 
debit side, separately, the sums taken from the account of 
the several townships, so as to show the corresponding 
number of the loan, and credit the several township ac- 
counts with the same sum and the like number of loan. 
Thence on, as interest accrues and is paid in on such loan, 
he shall debit the several township accounts with the pro 
rata portion of such interest accruing to each; and when 
such loan is paid he shall distribute back to the township 
accounts the several sums originally transferred from each 
and debit the miscellaneous account accordingly, and bal- 
ance and close said account as to said loan. In all the 
entries throughout he shall keep each entry identified by 
the proper number belonging to that loan, and so of each 
combined miscellaneous loan, as contemplated in this act. 
(R. S. 1881, § 4403; E. S. 1901, § 5832; E. S. 1897, § 6095.) 

585. Distribution and report. 2. In all cases where dis- 
tribution is made of the school funds under the law now in 
force it shall include all money on hand, or which, accord- 
ing to law, should be on hand, not exceeding the interest 
on loans for one year, which shall be distributed in full, 
and no portion shall be omitted or retained; and the report 
made by the auditor shall show fully the amount actually 
on hand, as required and contemplated by law, and show 
the distribution of the same in full. (E. S. 1881, § 4404; 
R. S. 1901, § 5833; E. S. 1897, § 6096.) 

586. Penalty against auditor. 3. If any auditor fail or 
refuse to distribute and report such fund in full, as required 
by this act, he shall be liable to an action on his official 
bond. The superintendent of public instruction shall direct 
that action be brought upon the official bond of such de- 
faulting auditor, and the prosecuting attorney of the proper 
county shall bring such action. On finding against such 



398 SCHOOL LAW OF INDIANA. 

auditor, judgment shall be entered for the sum so omitted 
by him to be distributed, with damages of 20 per centum 
thereon, which shall be for the use and benefit of the fund 
so omitted to be distributed. (E. S. 1881, § 4405; E. S. 1901, 
§ 5834; E. S. 1897, § 6097.) 

[1905, p. 25. Approved and in force February 21, 1905.] 

587. School funds — Expense in making" loans. 1. The 

county commissioners of any county in the state may, at 
their discretion, at any regular meeting of their own board, 
order that their county shall bear any or all the expense of 
appraisers, abstract of title and recording mortgage in 
making any or all loans of school funds. Thereafter, so 
long as such order is in effect, the county auditor shall meet 
the expenses covered by it in the same manner that he does 
other expenses incurred by the county: Provided, That 
such expense shall not exceed one per cent, of such loan, but 
such expense shall not be paid unless loan be made. 

588. Repeal of order. 2. At any subsequent regular 
meeting of said board the commissioners may, at their dis- 
cretion, repeal any part or ail of such order or orders. 

589. Appropriations — County council. 3. When such 
orders shall exist the county council shall take them into 
consideration in making their regular appropriations. 

590. Repeal. 4. Any laws or parts of laws in conflict 
herewith shall be hereby repealed. 



SCHOOL LAW OF INDIANA. 



399 



CHAPTER XXIV. 



STATE NORMAL SCHOOL. 



Sec. 




Sec. 


^ 


591. 


Established. 


600. 


Conditions of admission. 


592. 


Trustees — Corporate name. 


601. 


Tuition fee. 


593. 


Term of office — Vacancies. 


602. 


Principle of management. 


594. 


Organization — Officers. 


603. 


Reports. 


595. 


Donations. 


604. 


Board of visitors. 


596. 


Location. 


605. 


Certificates — Diplomas. 


597. 


Contract for building. 


606. 


Pay of trustees. 


598. 


Model school. 


607. 


Pay of treasurer and agent 


599. 


Duty of trustees. 







[1865, S. p. 140. Approved and in force December 20, 1865.] 

591. Established. 1. There shall be established and 
maintained, as hereinafter provided, a state normal school, 
the object of which shall be the preparation of teachers for 
teaching in the common schools of Indiana. (R. S. 1881, 
§ 4542; R. S. 1901, § 6034; R. S. 1897, § 6316.) 

592. Trustees — Corporate name. 2. In order to the es- 
tablishment and mamtenance of such a school, the governor 
shall appoint, subject to the approval of the senate, four 
competent persons, who shall, in themselves and in their 
successors, constitute a perpetual body corporate, with 
power to sue and be sued, and to hold in trust all funds and 
property which may be provided for said normal school, 
and who shall be known and designated as the ''board of 
trustees of the Indiana state normal school." The super- 
intendent of public instruction shall be, ex officio, a mem- 
ber of this board. (R. S. 1881, § 4543; R. S. 1901, § 6035; 
R. S. 1897, § 6317.) 

593. Term of office — Vacancies. 3. Two members of 
this board shall retire, as may be determined, by lot or 
otherwise, in two years after their appointment, and the 
remaining two in four years ; whereupon the governor, sub- 
ject to the approval of the senate, shall appoint, as afore- 
said, their successors for a period of four years. All vacan- 



400 SCHOOL LAW OF INDIANA. 

cies occurring in said board from death, or resignation, 
shall be filled by appointments made by the governor, (E. 
S. 1881, § 4544; R. S. 1901, §6036; E. S. 1897, § 6318.) 

594. Organization — Officers. 4. Said board of trustees 
shall meet on the second Tuesday in January, 1866, at the 
office of the superintendent of public instruction, and shall 
organize, by electing one of its number president, and one 
secretary, each for a term of two years ; and, at this or at a 
subsequent meeting, it shall elect some suitable person, out- 
side of its number, as treasurer, who shall, before entering 
on duty, give bond in such sum as it may prescribe. (E. S. 
1881, § 4545; E. S. 1901, § 6037; E. S. 1897, § 6319.) 

595. Donations. 5. Said board shall, at its first meet- 
ing, open books to receive, from different parts of the state, 
proposals for donations of grounds and buildings, or funds 
for the procuring of grounds and erecting of buildings, for 
said normal school. Also, it may, if deemed needful, at 
this or a subsequent meeting, appoint one of its number, or 
other competent person, to visit the diifferent parts of the 
state and explain the nature and object of said normal 
school, and to receive proposals of donations of buildings 
and grounds, or of funds for the same. (E. S. 1881, § 4546; 
E. S. 1901, § 6038; E. S. 1897, § 6320.) 

596. Location. 6. Said board shall locate said school at 
such place as shall obligate itself for the largest donation: 
Provided, first. That said donation shall not be less in cash 
value than fifty thousand dollars; second, that such place 
shall possess reasonable facilities for the success of said 
school. (E. S. 1881, § 4547; E. S. 1901, § 6039; E. S. 1897, 
§6321.) ■ 

1, Appropriation for buildings. An act of 1867 (p. 177) appropri- 
ated fifty thousand dollars out of the common school library nmd and 
state treasury, in aid of the erection of the buildings, with a condition 
precedent that no part thereof should be paid until the city of Terre Haute 
has vested in the board of trustees of the normal school tlie title to the 
land donated by her as a site for the school, by a good and sufficient deed 



SCHOOL LAW OF INDIANA. 



401 



in fee-simple, and had also bound herself, by an agreement filed with the 
auditor of state, to forever maintain one-half of the necessary repairs in- 
cident to keeping the buildings and grounds in proper order. 

597. Contract for building'. 7. Said board shall, imme- 
diately after the selection of place of location, proceed to 
let a contract, or contracts, for the erection of a building, 
to the lowest responsible bidder: Provided, That no mem- 
ber of the board be a contractor for building, or for fur- 
nishing any material therefor. (R. S. 1881, §4548; R. S. 
1901, § 6040; R. S. 1897, § 6322.) 

598. Model school. 8. Said board shall organize, in 
connection with the normal school, in the same building 
with the normal school or in a separate building, as it shall 
decide, a model school, wherein such pupils of the normal 
school as shall be of sufficient advancement shall be trained 
in the practice of organizing, teaching and managing 
schools. (R. S. 1881, § 4549; R. S. 1901, § 6041; R, S. 1897, 
§ 6523.) 

599. Duty of trustees. 9. Said board shall prescribe the 
course of study for the normal school; shall elect the in- 
structors and fix their salaries ; and shall determine the con- 
ditions, subject to limitations hereinafter specified, on 
which pupils shall be admitted to the privileges of the 
school. (R. S. 1881, § 4550; R. S. 1901, § 6042; R. S. 1897, 
§ 6324.) 

600. Conditions of admission. 10. The following condi- 
tions shall be requisite to admission to the privileges of in- 
struction in the normal school: 

First. Sixteen years of age, if females, and eighteen, if 
males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral char- 
acter. 

Fourth. A written pledge on the part of the applicant, 
filed with the principal, that said applicant will, so far as 



402 SCHOOL LAW OV INDIANA. 

may be practicable, teach in the common schools of Indiana 
a period equal to twice the time spent as a pupil in the 
normal school; together with such other conditions as the 
board may, from time to time, impose. (R. S. 1881, § 4551; 
R. S. 1901, § 6043; R. S. 1897, § 6325.) 

1. Students must submit to rules. A student is required to submit 
to any proper rule necessary for the good government of the institution. — 
State V. White, S2 Ind. 278. 

2. Qualifications fok admission. Tlie faculty can not make mem- 
bership of a Greek-letter fraternity, or other college secret society, a dis- 
qualification for admission.- — State v. White, 82 Ind. 278. 

3. Race ok color. Students can not be excluded on account of race 
or color.- — Cory v. Carter, 48 Ind. 327. 

601. Tuition fee. 11. Tuition in the normal school shall 
be free to all residents of Indiana who fulfill the four con- 
ditions set forth in the preceding section and such other 
conditions as the board may require. (R. S. 1881, §4552; 
R. S. 1901, § 6044; R. S. 1897, § 6326.) 

602. Principal of management. 12. A high standard 
of Christian morality shall be observed in the management 
of the school, and, as far as practicable, inculcated in the 
minds of the pupils; yet no religious sectarian tenets shall 
be taught. (R. S. 1881, §4553; R. S. 1901, §6045; R. S. 
1897, § 6327.) 

603. Report. 13. Said board of trustees shall, bien- 
nially, make a report to the legislature, setting forth the 
financial and scholastic condition of the school; also make 
such suggestions as, in their judgment, will tend to the 
improvement of the same; and in the years in which there 
is no session of the legislature, it shall make a report of 
the scholastic condition of the school to the governor, on 
or before the first Monday in January. (R. S. 1881, § 4554; 
R. S. 1901, § 6046; R. S'. 1897, § 6328.) 

[1873, p. 199. Approved and in force March 5, 1873.] 

604. Board of visitors. 14. The state board of educa- 
tion shall appoint, annually, in the month of June, or at 
its first meeting thereafter, a committee of three, who shall 



SCHOOL LAW OF INDIANA. 403 

constitute a board of visitors, and shall, in a body or by 
one of its number, visit said school once during each term, 
and witness the exercises and otherwise inspect the con- 
dition of the school; and, by the close of the normal school 
year, they shall make a report to the board of trustees. The 
members of said board of visitors shall be allowed five dol- 
lars for each day's service rendered, and also traveling ex- 
penses, to be paid out of the state treasury. (R. S. 1881, 
§ 4555; R. S. 1901, § 6047; R. S. 1897, § 6329.) 

[1873, p. 199. Approved and in force March 5, 1873.] 

605. Certificates — Diplomas. 2. The board of trustees 
is authorized to grant, from time to time, certificates of pro- 
ficiency to such teachers as shall have completed any of 
the prescribed courses of study, and whose moral character 
and disciplinary relations to the school shall be satisfac- 
tory. At the expiration of two years after graduation, sat- 
isfactory evidence of professional ability to instruct and 
manage a school having been received, they shall be en- 
titled to diplomas appropriate to such professional degrees 
as the trustees shall confer upon them; which diplomas 
shall be considered sufficient evidence of qualification to 
teach in any of the schools of this state. (R. S. 1881, § 4557; 
R. S. 1901, § 6049; R. S. 1897, § 6331.) 

[1865, p. 140. Approved and in force December 20, 1865.] 

606. Pay of trustees. 16. The members of the board of 
trustees shall each be allowed five dollars for each day's 
service rendered, also traveling expenses, to be paid out of 
the state treasury. (R. S. 1881, § 4559; R. S. 1901, § 6051; R. 
S. 1899, §6333.) 

607. Pay of treasurer and agent. 17. Said board shall 
pay its treasurer, and its agent, if such be appointed, as 
provided for in this act, such sums for their services as 
shall be reasonable and just. (R. S. 1881, § 4560; R. S'. 1901, 
§6052;R. S. 1897, §6334.) 

L26] 



404 



SCHOOL LAW 0¥ INDIANA. 



CHAPTER XXV. 

INDIANA UNIVERSITY. 



Sec. 




Sec. 


608. 


Recognized. 


659. 


609. 


Tax for endowment fund. 


660. 


610. 


Application of fund. 


661. 


611. 


Bond of state. 


662. 


612. 


Loans by state auditor. 


663. 


613. 


Mortgages taken by state auditor. 


664. 


614. 


State may borrow fund. 


665. 


615. 


Trustees — Corporate name — Officers — 


666. 




Powers. 


667. 


616. 


The first trustees. 


668. 


617. 


The first meeting. 


669. 


618. 


Vacancies. 


670. 


619. 


Pay of trustees. 


671. 


620, 


Trustees of Indiana University. 


672. 


621. 


Trustees' terms expiring 1891, succes- 


673. 




sors. 


674. 


622. 


Trustees' terms expiring 1893, succes- 


675. 




sors. 


676. 


623. 


Registry of alumni. 


677. 


624. 


Nomination of trustees. 


678. 


625. 


Annual meeting of alumni. 


679. 


626. 


Method of voting by alumni. 


680. 


627. 


Annual meeting. 


681. 


628. 


Quorum — Temporary appointments. 


682. 


629. 


Seminary township. 


683. 


630. 


Interest on loans. 


684. 


631. 


Faculty — Powers. 


685. 


632. 


No religious qualification. 


686 


633. 


No sectarian tenets. 


687 


634. 


County students. 


688 


635. 


Notice to counties. 


689 


636. 


Treasurer's bond. 


690 


637. 


Board of visitors. 


691 


638. 


Visitors not attending, to be reported. 


692 


639. 


Duties of visitors. 


693 


640. 


Duties of secretary. 


694 


641. 


Duties of treasurer. 


695 


642. 


Report to state superintendent. 


696 


643. 


Lectures by faculty. 


697 


644. 


Geological examinations and specimens. 


698 


645. 


Printing annual report. 


699 


646. 


Contents of report. 


700 


647. 


Notice of sessions 


701 


648. 


Buildings and repairs. 


702 


649. 


Normal department. 


703 


650. 


Agricultural department. 


704 


651. 


Scholarships transferrable. 


705 


652. 


Perpetual scholarships. 


706 


653. 


Library. 


707 


654. 


State geologist. 


708 


655. 


Fund, how derived — Loans 


709 


656. 


Auditor of state to loan — Duty. 


710 


657. 


Form of mortgage. 


711 


658. 


Form of note. 


712 



Loans — -Security. 

Interest. 

Priority of mortgage 

Recording of mortgage. 

Certificate as to liens. 

Abstract of title. 

Auditor's duty. 

Payment. 

Satisfaction. 

Loans, how collected. 

Judgment. 

Notice of sale. 

Sale. 

When auditor to buy — Resale. 

Limit of bid — Overplus. 

Statement of sale. 

Title in state, without deed. 

Sale for cash — Certificate. 

Sale on credit. 

Fees and damages. 

Accounts — Reports. 

Accounts with borrowers. 

Interest, when loaned. 

Unsold lands. 

Certificate of payment — Patent. 

Leases. 

Commissioners' report. 

Commissioners' duty. 

Pay of commissioners. 

Patents, and recording. 

Pay for managing fund. 

Extension of payments. 

Forfeiture, how prevented. 

Forfeited lands. 

Appraisement of lands. 

Where filed and recorded, 

Duty of county auditors. 

Notice of sale. 

Sale. 

Terms of sale. 

Private entry. 

Certificate of purchase. 

Certificate to be registered. 

Certificate assignable. 

Forfeiture. 

Surplus. 

Forfeiture, how prevented. 

Land, how redeemed. 

Security. 

Suit for waste. 

Patent on full payment. 

Auditor's report. 

Treasurer's report. 

To pay money to state treasurer. 



SCHOOL LAW OF INDIANA. 



405 



Sec. 
713. 
714. 
715. 
716. 
717. 
718. 



Pay of auditor and treasurer. 

Loans. 

Disposition of proceeds. 

Report of sales. 

One trustee to attend sales. 

No member to deal in the lands. 



Sec. 
719. 
720. 
721. 
722. 
723. 
724. 



Trustees to get information. 
State treasurer collects loans. 
County auditors loan. 
Auditor of state can not loan. 
Counties pay interest. 
Suit for deficiency after sale. 



[1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

608. Recognized. 1. The institution established by an 
act entitled "an act to establish a college in the state of 
Indiana," approved January 28, 1828, is hereby recognized 
as the university of the state. (E. S. 1881, §4561; E. S. 
1901, § 6053; E. S. 1897, § 6335.) 

The state university is not a public corporation, but a private, or at 
least a quasi-public one, and its endowment fund is not embraced by the 
phrase, "public funds," as used in the interest law of 1879. — State v. 
Carr, 111 Ind. 335. But it is a part of the public school system, and its 
funds are entitled to the same protection as the permanent school fund. — 
Fisher v. Brown, 159 Ind. 139 ; 64 N. E. Rep. 614. 



[1883, p. 291. Approved and in force March 3, 1883.] 

609. Tax for endowment fund. 1. There shall be as- 
sessed and collected, as state revenues are assessed and col- 
lected, in the year of eighteen hundred and eighty-three, 
and in each of the next succeeding twelve years, the sum 
of one-half of one cent on each one hundred dollars' worth 
of taxable property in this state; which money, when col- 
lected and paid into the state treasury in each of the years 
named in this act, shall be placed to the credit of a fund 
to be known as the permanent endowment fund of the In- 
diana university. (E. S. 1901, § 6161; E. S. 1897, § 6449.) 

1. FoKECLOSTJBE. A mortgage securing a loan of the permanent en- 
dowment fund may be foreclosed by public advertisement without suit, 
under sections 656 to 665.— Fisher v. Brown, 159 Ind. 139 ; 64 N. E. Rep. 
614. 

610. Application of fund. 2. Whenever, after the first 
day of May, eighteen hundred and eighty-four, there shall 
have been paid into the state treasury a sum of said per- 
manent endowment fund sufficient to pay off any of the 



406 SCHOOL LAW OF INDIANA. 

interest-bearing indebtedness of the state, it shall be the 
duty of the treasurer of state to pay off and cancel such in- 
debtedness, and it shall be the duty of said treasurer of 
state to continue to pay off and cancel said interest-bearing 
indebtedness which may be due, or which, by the terms of 
the contract creating such indebtedness, may be paid off, 
whenever there is a sufficient sum of said permanent endow- 
ment fund in the state treasury to pay off the same out of 
said permanent endowment fund. (E. S. 1901, § 6162; E. S. 
1897, § 6450.) 

611. Bond of state. 3. It shall be the duty of the treas- 
urer of state, immediately after paying off any of the inter- 
est-bearing indebtedness of the state, as provided for in 
section 2 of this act, to make and issue to the trustee of 
said university and to their successors in office a non-nego- 
tiable bond of the state in an amount equal to the sum 
drawn from said permanent endowment fund and used in 
such payment. Said non-negotiable bond shall be signed 
by the governor and the treasurer of state and attested 
by the secretary of state and the seal of the state, and 
be made payable in fifty years after date, at the option of 
the state, and said bond shall bear five per cent, interest 
from date until paid, which interest shall be paid semi- 
annually on the first days of May and November of each 
year, and the same shall be applied to the current and ex- 
traordinary expenses of said university and be paid to the 
trustees thereof, under the same rules and regulations as 
is now required by law in the payment of the revenues of 
said university. The non-negotiable bonds provided for 
in this act, when executed, shall remain in the custody of 
the treasurer of state. (E. S. 1901, §6163; E. S. 1897, 
§6451.) 

612. Loans by state auditor. 4. That so much of said 
permanent endowment fund as shall not at any time be ab- 
sorbed by the non-negotiable bonds of the state, as contem- 
plated in this act, shall be loaned by the auditor of state 



SCHOOL LAW OF INDIAJSTA. 



407 



at six per centum interest, payable annually in advance, 
in real estate security; and in making loans and disburs- 
ing interest collected the treasurer of state and the auditor 
of state shall be governed by the law now in force regulat- 
ing the manner of making loans of the university funds and 
pajing out interest collected, except as otherwise provided 
in this act. (E. S. 1901, § 6164; R. S. 1897, § 6452.) 

613. Mortgages taken by state auditor. 5. It shall be 
the duty of the auditor of state to make a complete record 
of every mortgage and note executed on account of any 
loan from said permanent endowment fund in a book to be 
kept in his office for that purpose ; and on payment of any 
loan to said fund said auditor shall enter a record of satis- 
faction in full on the margin of the record of the mortgage 
in his office and sign the same with his name ; and he shall 
also, m like manner, enter satisfaction in full on the face of 
the mortgage; which mortgage, when presented by the 
mortgagor, or any person holding title under him, to the 
recorder of the county wherein the land mortgaged is situ- 
ated, shall authorize the recorder of said county to copy 
such entry on the record in his office. (R. S. 1901, § 6165; 
R. S. 1897, § 6453.) 

614. Stats may borrow fund. 6. If at any time here- 
after the state shall need the loan of any joart, or of all, 
of said permanent endowment fund, the state shall be a pre- 
ferred borrower of so much of said fund as shall not be 
loaned at the time. But it shall be the duty of the treasurer 
of state to cause to be executed, as an evidence of any such 
loan, a non-negotiable bond of the state for the amount so 
borrowed in like manner as is provided in section 3 of this 
act: Provided, If at any time hereafter the said Indiana 
university shall be consolidated with any other educational 
institution or institutions of the state, or shall be removed 
from its present location for any cause whatever, the fund 
raised under the provisions of this act shall be held and 
used for the benefit of such institution, as consolidated or 



408 SCHOOL LAW OF INDIANA. 

changed, notwithstanding snch change or consolidation 
whenever so removed or consolidated : Provided, further, 
That, after said date, no further appropriation shall be 
made to said university. (R. S. 1901, §6166; E. S. 1897, 
§ 6454) 

[1855, p. 201. Approved and in force March 3, 1855.] 

615. Trustees— Corporate name — Officers — Powers. 1. 

The board of trustees of the state university shall be eight 
in number, of whom not more than one shall reside in the 
same county, excepting the county of Monroe, from which 
two may be selected. They, and their successors, shall be 
a body politic, with the style of ''The trustees of Indiana 
university ; " in that name to sue and be sued ; to elect one 
of their number president; to elect a treasurer, secretary, 
and such other officers as they may deem necessary ; to pre- 
scribe the duties and fix the compensation of such officers ; 
to possess all the real and personal property of such uni- 
versity for its benefit ; to take and hold, in their corporate 
name, any real or personal property for the benefit of such 
institution; to expend the income of the university for its 
benefit ; to declare vacant the seat of any trustee who shall 
absent himself from two successive meetings of the board, 
or be guilty of any gross immorality, or breach of the by- 
laws of the institution ; to elect a president, such professors 
and other officers, for such university, as shall be neces- 
sary, and prescribe their duties and salaries;- to prescribe 
the course of study and discipline, and price of tuition in 
such university ; and to make all by-laws necessary to carry 
into effect the powers hereby conferred. (R. S. 1881, 
§4562; R. S. 1901, §6054; R. S. 1897, §6336.) 

616. The first trustees. 2. The following persons, and 
their successors, shall constitute said board: Joseph S. 
Jenckes, of Vigo county; Joel B. McFarland, of Tippecanoe 
county; George Evans, of Henry county; William M. 
French, of Clark county; Ransom W. Aiken, of Monroe 
county ; Johnson McCullough, of Monroe county ; James R. 



SCHOOL LAW OF INDIANA. 



409 



M. Bryant, of Warren county ; Jolin I. Morrison, of Wash- 
ington county; three of whom shall serve for two years, 
two for three years, and three for four years. (E. S. 1881, 
§ 4563 ; E. S. 1901, § 6055 ; E. S. 1897, § 6337.) 

617. The first meeting. 3. The first meeting of said 
board shall be held at the town of Bloomington, on Monday, 
the second day of April, 1855, when they shall determine, 
by lot, their several terms of service. (E. S. 1881, §4564; 
E. S. 1901, § 6056 ; E. S. 1897, § 6388.) 

618. Vacancies. 4. Vacancies in said board, whether 
occasioned by death, resignation, removal from the state, 
expiration of terms of service, or otherwise, shall be filled 
by the state board of education. (E. S. 1881, § 4565; E. S. 
1901, § 6057; E. S. 1897, § 6339.) 

619. Pay of trustees. 5. The trustees of said univer- 
sity shall receive, when employed in the actual service of 
the university, the same pay as members of the general 
assembly. (E. S. 1881, §4566; E. S. 1901, §6065; E. S. 

1897, §6347.) 

[1891, p. 65. Approved and in force March 3, 1891.] 

620. Trustees of Indiana university. 1. The trustees 
of Indiana university shall hereafter be elected for such 
terms of service, and in such manner, as is herein provided, 
and the terms of service of the trustees now in office, and 
of those hereafter elected, shall expire on the first day of 
July of the year in which such terms are to end. (E. S. 
1901, § 6058; E. S. 1897, § 6340.) 

621. Trustees' terms expiring 1891, successors. 2. Suc- 
cessors to three trustees whose terms of service expire in 
the year eighteen hundred and ninety-one (1891) shall be 
elected by the alumni of the University at the college com- 
mencement of the year 1891 ; one of the trustees so selected 
shall serve for one year, one for two years, and one for 



410 SCHOOL LAW OF INDIANA. 

three years. At the first meeting of the board of trustees 
after July 1, 1891, the several terms of service of such 
three trustees shall be determined by lot. At the annual 
commencement of the year in which their terms expire, suc- 
cessors to such three trustees shall be elected by the 
alumni of the university, each to serve for three years. 
A¥hen vacancies in the board of trustees arise, from the 
death, resignation, removal from the state, expiration of 
term of service, or otherwise, of any of the three trustees 
to be elected in 1891, or any of their successors, such vacan- 
cies shall be filled by the alumni. (R. S. 1901, § 6059 ; R.-S. 
1897, § 6341.) 

622. Trustees' terms expiring 1893, successors. 3. Suc- 
cessors to the two trustees, whose terms of service expire 
in 1893, shall be elected by the state board of education, 
and one of such two successors shall be elected for a term 
of two years, and the other for a term of three years. Suc- 
cessors to the three trustees, whose terms expire in 1894, 
shall be elected by the state board of education, one for a 
term of two years, and the other two trustees for terms of 
three years. Successors to the five trustees herein pro- 
vided to be elected by the state board of education shall 
be elected by said state board of education, each trustee 
so elected to serve for three years : Provided, That trus- 
tees elected by the alumni, or the state board of education, 
to fill vacancies caused otherwise than by expiration of 
terms of service, shall be elected for such unexpired terms 
only. When vacancies in the board of trustees arise from 
the death, resignation, removal from the state, expiration 
of term of service, or otherwise, of any of the five trustees, 
or their successors herein provided to be elected by the 
state board of education, such vacancies shall be filled by 
said state board of education. (R. S. 1901, §6060; R. S. 
1897, §6342.) 

623. Registry of alumni. 4. A registry of the name and 
address of each alumnus of Indiana university residing in 



SCHOOL LAW OF IISTDIANA. 411 

the state of Indiana shall be kept by the librarian of said 
university, who shall correct snch addresses when notified 
by the alnmni so to do. The alumni of the university shall 
be those persons who have been awarded and on whom have 
been conferred any of the following degrees : Bachelor of 
Arts (A. B.), Bachelor of Letters (B. L.), Bachelor of 
Science (B. S.), Bachelor of Philosophy (B, Ph.), Bachelor 
of Laws (L. L. B.), Master of Arts (A. M.), Master of Sci- 
ence (M. S.), Doctor of Philosophy (Ph. D.). (R. S. 1901, 
§6061; E. S. 1897, §6343.) 

624. Nomination of trustees. 5. Any ten or more 
alumni may file with the librarian of the university on or 
before the first day of April in each year a written nomi- 
nation for the trustee or trustees to be elected by the 
alumni at the next college commencement. Forthwith after 
such first day of April a list of all such candidates shall 
be mailed by said librarian to each alumnus at his ad- 
dress. (E. S. 1901, § 6162; E. S. 1897, § 6344.) 

625. Annual meeting" of alumni. 6. The annual meet- 
ing of the alumni for the election of trustees shall be held 
at the university on the Tuesday before the annual com- 
mencement day of said university, at the hour of nine 
o'clock a. m., at which meeting a trustee shall be elected 
to serve for three years from the first day of July of such 
year, and any trustee or trustees which the alumni may be 
entitled to elect to complete any unexpired term or terms. 
(E. S. 1901, § 6163; E. S. 1897, § 6345.) 

626. Method of voting by alumni. 7. Each alumnus 
resident in the state of Indiana may send to said librarian, 
over his signature, at any time before the meeting of the 
alumni for the election of such trustee or trustees, the vote 
for such trustee or trustees which he would be entitled to 
cast if personally present at such meeting, which vote such 
librarian shall deliver to such meeting to be opened and 
counted at said election, together with the votes of those 



412 SCHOOL LAW or INDIANA. 

who are personally present ; but no person shall have more 
than one vote. The person or persons having the highest 
number of votes upon the first ballot shall be declared the 
trustee or trustees according as there may be one or more 
than one trustee to be elected: Provided, The votes re- 
ceived by said person, or by each of said persons, or at 
least fifty per cent, of all the votes cast. Otherwise the 
alumni personally present at such meeting shall, from the 
two having the highest pluralities, elect a trustee, unless 
their pluralities shall aggregate less than fifty per cent, of 
the votes cast, in which case there shall be included in the 
number of those to be voted for, so many of those coming 
after such two highest in order of pluralities as will bring 
the aggregate of such pluralities of those to be voted for 
to fifty per cent, of the votes cast. (E. S. 1901, § 6064 ; E. 
S. 1897, §6346.) 

[1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1863.] 

627. Annual meeting. 3. Said trustees shall annually 
meet at the town of Bloomington at least three days pre- 
ceding the annual commencement of the university. (E. S. 
1881, § 4567; E. S. 1901, § 6065; E. S. 1897, § 6348.) 

628. Quorum — ^Temporary appointments. 4. Five of 
such trustees shall constitute a quorum; and, in case an 
emergency is declared by the faculty, after there shall 
have been a called session at which the other members 
failed to attend, the trustees residing in the county of Mon- 
roe may fill vacancies in the faculty of the university and 
the board of trustees; and, in case there should not be 
three trustees in attendance upon such emergency, then 
those that are in attendance, together with such members 
of the faculty as may be in attendance, shall fill such vacan- 
cies; but appointments thus made shall expire at the next 
meeting of the board. (E. S. 1881, §4568; E. S. 1901, 
§6067; E. S. 1897, §6349.) 

629. Seminary township. 5. The trustees of said uni- 
versity shall receive the proceeds of the sales and rents 



SCHOOL LAW OF ESTDIATiTA. 



413 



of tlie three reserved sections in the seminary township 
in Monroe county, and the same shall be paid to the treas- 
urer of said trustees, on their order. (E. S. 1881, § 4569; 
E. S. 1901, § 6068; E. S. 1897, § 6350.) 

630. Interest on loans. 6. The interest arising from 
loans of the state university fund, as received at the state 
treasury, shall be paid on the warrants of the auditor of 
state; such warrants to be granted on allowances made to 
the persons entitled thereto by the board of trustees, and 
duly certified by their secretary. (E. S. 1881, §4570; E. 
S. 1901, § 6069; E. S. 1897, § 6751.) 

631. Faculty — Powers. 7. The president, professors 
and instructors shall be styled "The faculty" of said uni- 
versity and shall have power — 

First. To enforce the regulations adopted by the trus- 
tees for the government of the students ; to which end they 
may reward and censure, and may suspend those who con- 
tinue refractory, until a determination of the board of trus- 
tees can be had thereon. 

Second. To confer, with the consent of the trustees, such 
literary degrees as are usually conferred in other universi- 
ties, and, in testimony thereof, to give suitable diplomas, 
under the seal of the university and signature of the fac- 
ulty. (E. S. 1881, §4571; E. S. 1901, §6070; E. S. 1897, 
§ 6350.) 

632. No religious qualification. 8. No religious qualifi- 
cation shall be required for any student, trustee, president, 
professor or other officer of such university, or as a condi- 
tion for admission to any privilege of the same. E. S. 
1881, § 4572 ; E. S. 1901, § 6071 ; E. S. 1897, § 6353.) 

1. Students must submit to rules. A student is required to sub- 
mit to any proper rule necessary for the good government of the institu- 
tion.— State V. White, 82 Ind. 278. 

2. Qualifications for admission. The faculty can not mate mem- 
bership of a Greek-letter fraternity or other college secret society a dis- 
qualification for admission. — State v. White, 82 Ind. 278. 

3. Race or color. Students can not be expelled on account of race 
or color. — Cory v. Carter, 48 Ind. 327. 



414 SCHOOL LAW OP INDIANA. 

633. No sectarian tenets. 9. No sectarian tenets shall 
be inculcated by any professor at such university. (R. S. 
1881, § 4573; R. S. 1901, § 6072; R. S. 1897, § 6354.) 

634. County students. 10. The trustees shall provide 
for the tuition, free of charge, of two students from each, 
county in this state, to be selected by the board of county 
commissioners. (R. S. 1881, § 4574; R. S. 1901, § 6073; R. 
S. 1897, §6355.) 

1. Each county may send two students, free of tuition fees, to be in- 
structed in the law department, as well as any other department. — McDon- 
ald V. Hagins, 7 Blackf. 525. 

635. Notice to counties. 11. The secretary of the board 
shall notify the county auditor of each county of the state 
whenever there shall not be in attendance at the university 
the number of students which such county is entitled to 
send free of tuition ; of which such auditor shall notify the 
board of commissioners of such county at its next meeting. 
(R. S. 1881, § 4575; R. S. 1901, § 6074; R. S. 1897, § 6356.) 

636. Treasurer's bond. 12. The treasurer of the uni- 
versity shall give bond in a penalty, and with surety to be 
approved by such board, payable to the state, conditioned 
for the faithful discharge of his duties; which bond shall 
be filed with the auditor of state. (R. S. 1881, §4576; R. 
S. 1901, § 6075; R. S. 1897, § 6357.) 

637. Board of visitors. 13. The governor, lieutenant- 
governor, speaker of the house of representatives, judges 
of the supreme court, and superintendent of common 
schools [state superintendent of public instruction], shall 
constitute a board of visitors of the university, and any 
three thereof a quorum. (R. S. 1881, §4577; R. S. 1901, 
§6076; R. S. 1897, §6358.) 

638. Visitors not attending, to be reported. 14. In 

case the members of such board of visitors fail to attend 
the annual commencement exercises of the university, the 



School law of iisTDiAisrA. 415 

president of tlie board of trustees shall report such of them 
as are absent to the next general assembly, in its annual 
report. (R. S. 1881, § 4578; R. S. 1901, § 6077; R. S. 1897, 
§ 6359.) 

639. Duties of visitors. 15. Such board of visitors shall 
examine the property, the course of study and discipline, 
and the state of the finances of the university, and recom- 
mend such amendments as it may deem proper, the books 
and the accounts of the institution being open to its in- 
spection; and it shall make report of its examination to 
the governor, to be by him laid before the next general 
assembly. (R. S. 1881, §4579; R. S. 1901, §6078; R. S. 
1897, §6360.) 

640. Duties of secretary. 16. The secretary of the board 
of trustees shall keep a true record of all the proceedings 
of said board, and certify copies thereof. He shall also keep 
an account of the students in the university according to 
their classes, stating their respective ages and places of 
residence, and a list of all graduates. (R. S. 1881, §4580; 
R. S. 1901, § 6079; R. S. 1897, § 6361.) 

641. Dnties of treasurer. 17. The treasurer of said uni- 
versity shall — 

First. Keep true accounts of all money received into 
the treasury of said university, and of the expenditures 
thereof. 

• Second. Pay out the same on the order of the board of 
trustees, certified by its secretary. 

Third. Collect the tuition fees due the same. 

Fourth. Make semi-annual settlements with the board 
of trustees. 

Fifth. Submit a full statement of the finances of the uni- 
versity, and his receipts and payments, at each meeting of 
the board of trustees. 

Sixth. Submit his books and papers to the inspection 
of the trustees and visitors. (R. S. 1881, §4581; R. S. 
1901, § 6080; R. S. 1897, § 6362.) 



416 SCHOOL LAW OF INDIANA. 

642. Report to state superintendent. 18. The board 
of trustees, its secretary and treasurer, shall report to the 
superintendent of common schools [state superintendent 
of public instruction] , all matters relating to the university, 
when by him required. (R. S. 1881, §4582; R. S. 1901, 
§ 6081; R. S. 1897, §6363.) 

643. Lectures by faculty. 19. One member of the fac- 
ulty, to be designated by a majority thereof, of which the 
secretary of the board shall be informed, shall, by himself 
or competent substitute, deliver a public lecture on the prin- 
ciples and organization of the university, its educational 
facilities (being careful not to disparage the claims of 
other institutions of learning in the state), in at least fif- 
teen different counties of the state, of which he shall give 
due notice; and in a vacation of less duration than one 
month a member of the faculty, to be designated as afore- 
said, shall deliver such lecture in at least three different 
counties ; a brief statement of which lectures shall, by the 
persons delivering them, be reported to the board of trus- 
tees, annually, to be by them incorporated in the annual 
report to the general assembly; but no two such lectures 
shall be delivered in the same county until all the counties 
of the state have been lectured in. (R. S. 1881, § 4583; R. 
S. 1901, § 6082; R. S. 1897, § 6364.) 

644. Geological examinations and specimens. 20. Such 
lecturers shall make such geological examinations and col- 
lect such mineralogical specimens as they may be able to 
make and procure; a report whereof they shall make to 
the board of trustees, to be by it incorporated in its annual 
report to the general assembly; and such specimens, to- 
gether with those they may procure by voluntary dona- 
tions, they shall deposit in a suitable room in the university 
buildings, to be fitted up for that purpose. (R. S. 1881, 
§ 4584; R. S. 1901, § 6083; R. S. 1897, § 6365.) 

645. Printing annual report. 21. The governor of the 
state shall order the printing, annually, of five thousand 



SCHOOL LAW OF INDIANA. 417 

copies of tlie annual report of the board of trustees, twenty- 
five hundred of which shall be for the use of the members 
of the general assembly and twenty-five hundred for the 
faculty. (E. S. 1881, § 4585; R. S. 1901, § 6984; R. S. 1897, 
§ 6366.) 

1. How PRINTED. This report and the catalogues are printed by the 
state commissioners of public printing. Acts 1885, p. 217, section 9. 

646. Contents of report. 22. Such report shall contain 
what is now included in the annual catalogue, with such 
other matters as may be deemed useful to the cause of edu- 
cation, connected with the university. (R. S. 1881, § 4586; 
R. S. 1901, § 6085; R. S. 1897, § 6367.) 

647. Notice of sessions. 23. The board of trustees, 
through its president, shall give at least one month's notice 
of the commencement of each session of the university in 
at least one newspaper in the cities of Indianapolis, Louis- 
ville, in the state of Kentucky, and in New Orleans, in the 
state of Louisiana. (R. S. 1881, § 4587; R. S. 1901, § 6086; 
R. S. 1897, §6368.) 

648. Buildings and repairs. 24. The board of trustees 
shall, annually, appoint a committee of its body to examine 
the university buildings and grounds adjacent, who shall 
report the kind and cost of repairs, if any are needed ; and 
one of the members of the faculty shall be appointed to 
take care of such buildings and grounds. (R. S. 1881, 
§ 4588; R. S. 1901, § 6087; R. S. 1897, § 6369.) 

649. Normal department. 25. Such trustees shall es- 
tablish a normal department for instruction in the theory 
and practice of teaching, free of charge to such young per- 
sons, male and female, residents of the state, as may de- 
sire to qualify themselves as teachers of common schools, 
within the state, under such regulations as such board of 
trustees may make in regard to admitting to, kind, and 
time of delivery of lectures in such department, and the 
granting of diplomas therein; and such regulations shall 



418 SCHOOL LAW OF INDIANA.. 

be incorporated in the annual report of the trustees to the 
general assembly. (R. S. 1881, § 4589; R. S. 1901, § 6088; 
R. S. 1897, §6370.) 

650. Agricultural department. 26. Such trustees shall 
also establish an agricultural department in such univer- 
sity, under proper regulations, which shall likewise be set 
forth in their annual report. (R. S. 1881, §4590; R. S. 
1901; § 6089; R. S. 1897, § 6371.) 

[1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.1 

651. Scholarships transferable. 1. All scholarships in 
the state university, issued for or founded upon subscrip- 
tion moneys paid by individuals toward the construction 
of the university buildings, or any of them, or the right to 
use said scholarships for any session or sessions of the 
college year in said institution, may be transferred or sold 
by the holders thereof for a valuable consideration. (R. 
S. 1881, §4591; R. S. 1901, §6090; R. S. 1897, § 6372.) 

[1861 S., p. 89. Approved and in force May 31, 1861.] 

652. Perpetual scholarships. 1. The contingent fee on 
perpetual scholarships, issued by the trustees of the state 
university, shall not be more than one dollar per session: 
Provided, That the trustees are hereby authorized to pur- 
chase said scholarships whenever, in their opinion, it is 
for the best interests of the university, at not more than 
ninety cents on the dollar, by giving notice in some news- 
paper published in the town of Bloomington, that they are 
ready to purchase said scholarship; and, after the date of 
such notice, no person shall be entitled to any benefits un- 
der the provisions of said scholarships, except to sell the 
same, as is provided in this act. (R. S. 1881, § 4592 ; R. S. 
1901, §6091; R. S. 1897, §6373.) 

[1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 

653. Library. 2. The state librarian is directed to trans- 
fer from the state library to the library of the Indiana uni- 



SCHOOL LAW OF IISTDIANA. 



419 



versity a complete set of journals of both houses of the 
legislature, a copy of all laws enacted since the organiza- 
tion of the state, and of all reports from the several de- 
partments of state, and of those received from other states, 
and from the general government, together with all other 
books and documents of which there are duplicates now in 
the state library, or shall be hereafter received : Provided, 
That such books and documents can be spared without in- 
jury to the state library, and that such transfer be made 
without expense to the state. (E. S. 1881, §4593; E. S. 
1901, § 6092; E. S. 1897, § 6374. 

654. Stats geologist. 3. The state geologist, while he 
holds his office, shall be regarded as a member of the fac- 
ulty of the university; and he is hereby directed, in his 
reconnoisances, to collect duplicate specimens of mineral- 
ogy and geology, and to deposit one set of the same in the 
cabinet of the state university. (E. S. 1881, §4594; E. S. 
1901, § 6093 ; E. S. 1894, § 6375.) 

[1 E.. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

655. Fund, how derived — Loans. 28. The university 
fund shall consist of the lands in Monroe and Gibson coun- 
ties, and the proceeds of sales thereof, and all donations 
for the use of such university, where the same is expressly 
mentioned in the grant, or where in such grant the term 
"university" only is used; the principal of which fund, 
when paid into the state treasury, shall be loaned, and the 
annual interest thereon applied to the current expenses of 
the university, upon warrants drawn on the treasurer of 
state by the auditor of state, on the requisition of the board 
of trustees, signed by the president and attested by the 
secretary thereof. (E. S. 1881, § 4595; E. S. 1901, § 6094; 
E. S. 1897, § 6376.) 

656. Auditor of state to loan — Duty. 29. It shall be 
the duty of the auditor of state to loan out such fund upon 

[271 



420 SCHOOL LAW OF INDIANA. 

real estate security. He shall duly inform Iiimself of the 
value of all real estate offered in pledge, and shall be judge 
of the validity of the title thereof; and any person apply- 
ing for a loan shall produce to said auditor the title papers 
to such real estate, showing title in fee simple, without in- 
cumbrance and not derived through any executor's or ad- 
ministrator's sale, or sale on execution. (R. S. 1881, 
§ 4596; R. S. 1901, § 6095; R. S. 1897, § 6385.) 

1. Peemajntent endowment fund. Foreclosure of mortgage taken to 
secure loans of the permanent endowment fund may be made under this 
and the following sections. — Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 
614. 

[1901, p. 342. Approved and in foroe March 9, 1901.] 

657. Form of mortgage. 30. The mortgage to be taken 
may be in the following form in substance : 

I, A. B., of the county of , in the state of Indiana, do assign and 

transfer to the state of Indiana all [here describe the land], which I de- 
clare to be mortgaged for the payment of -^ — dollars, with interest at the 
rate of six per cent, per annum, payable in advance, according to the con- 
ditions of the note hereunto annexed. 

658. Form of note. 31. The note accompanying the 
same may be, in substance, as follows : 

I, A. B., promise to pay to the state of Indiana, on or before the — — 

day of , the sum of , with interest thereon at the rate of six per 

cent, per annum, in advance, commencing on the day of , 19 — , 

and do agree that, in case of failure to paj^ any installment of said inter- 
est, the said principal shall become due and collectible, together with all 
arrears of interest ; and on any such failure to pay principal or interest 
when due, five per centum damages on the whole sum due shall be col- 
lected with costs, and the premises mortgaged may be forthwith sold by 
the auditor of public accounts [auditor of state], for the payment of such 
principal sum, interest, damages and costs. 

[1 R. S. 1852, p. 504. Approved June 17, 1852. In force May 6, 1853.] 

659. Loans — Security. 32. No greater sum than five 
hundred dollars shall be loaned to any one person out of 
such fund, nor shall the loan be for a longer period than 
five years; and the sum loaned shall not exceed one-half 
of the appraised value of the premises to be mortgaged, 



SCHOOL LAW OF INDIANA. 



421 



clear of all perishable improvements. The auditor may re- 
duce the amount to be loaned on any such valuation, when, 
for any cause, he may have reason to believe the same was 
not in proportion to the prices of similar property selling 
in the vicinity, such valuation to be made from the valu- 
ation of the same property in the assessment of the state 
revenue. (E. S. 1881, § 4599 ; R. S. 1901, § 6098 ; E. S. 1897, 
§ 6788.) 

[1901, p. 342. Approved and in force March 9, 1901.] 

660. Interest. 33. The rate of interest required shall be 
six per cent, in advance, payable annually. On failure to 
pay any installment of interest when due, the principal 
shall forthwith become due, and the note and mortgage 
may be collected. 

1. This section, as it originally stood, was not repealed by the gen- 
eral interest law of 1879, fixing the rate at 8 per cent. — State v. Carr, 111 
Ind. 335. 

[1. R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

661. Priority of mortgage. 34. Such mortgages shall be 
considered as of record from the date thereof, and shall 
have priority of all mortgages or conveyances not previ- 
ously recorded, and of all other liens not previously in- 
curred, in the county where the land lies. (E. S. 1881, 
§ 4601; E. S. 1901, § 6100; E. S. 1897, § 6390.) 

1. Constitutional. This section is constitutional. — Fisher v. Brower, 
159 Ind. 139 ; 64 N. E. Rep. 614. 

2. Status of fund. The permanent endowment fund is entitled to 
all the constitutional and statutory protection accorded to the school fund. 
—Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 

3. I'rioeity. The purchaser of real estate under a foreclosure of the 
mortgage takes it free from the claims of purchasers ior taxes assessed 
after the execution of the mortgage, or the lien of special assessments 
made after such time.— Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 

662. Recording of mortgage. 35. It shall be the duty 
of the auditor to have such mortgages recorded with due 
diligence, the expense whereof shall be borne by the mort- 



422 SCHOOL LAW OF INDIANA. 

gagor, and may be retained out of the money borrowed. 
(E. S. 1881, §4602; E. S. 1901, § 6101; E. S. 1897, § 6391.) 

663. Certificate as to liens. 36. The person applying 
for a loan shall file with the auditor the certificate of the 
clerk and recorder of the county in which the land lies, 
showing that there is no conveyance of or incumbrance on 
said land, in either of their offices. (E. S. 1881, § 4603; E. 
S. 1901, § 6102; E. S. 1897, § 6392.) 

664. Abstract of title. .87. Such person shall also, be- 
fore he receives the money to be loaned, make oath to the 
truth of an abstract of the title to his said land, and that 
there is no incumbrance, or better claim, as he believes, 
upon said land. (E. S. 1881, § 4604; E. S. 1901, § 6103; E. S. 
1897, §6393.) 

665. Auditor's duty. 38. On making any loan of such 
fund, the auditor shall draw his warrant on the treasurer 
in favor of the borrower; and the treasurer shall pay the 
same and charge it to the proper fund. (E. S. 1881, § 4605 ; 
E. S. 1901, § 6104; E. S. 1897, § 6394.) 

Q6Q. Payment. 39. All loans refunded and all interest 
shall be paid into the state treasury; and the treasurer's 
receipt shall be filed with the auditor of state, who shall 
give the payer a quietus for the amount thereof and make 
the proper entries upon his books. (E. S. 1^81, §4606; 
E. S, 1901, § 6105; E. S. 1897, § 6395.) 

667. Satisfaction. 40. Whenever the amount due on any 
mortgage shall be fully paid and the treasurer's receipt 
filed therefor, the auditor shall indorse on the note and 
mortgage that the same has been fully satisfied, and sur- 
render them to the person entitled thereto ; and on the pro- 
duction of the same, with such indorsement thereon, the 
recorder of the proper county shall enter satisfaction upon 
the record thereof. (E. S. 1881, § 4607; E. S. 1901, § 6106; 
E. S. 1897, § 6396.) 



SCHOOL LAW OF INDIANA. 



423 



668. Loans, how collected. 41. When the interest or 
principal of any snch loan shall become due and remain 
unpaid the auditor shall proceed to collect the same hy a 
suit on the note, or by the sale of the mortgaged prem- 
ises, or both, as to him may seem most advisable. He may, 
also, by proper action, obtain possession of the mortgaged 
premises. (E. S. 1881, § 4608 ; E. S. 1901, § 6107 ; E. S. 1897, 
§ 6397.) 

669. Judgment. 42. In case of suit on such note, and 
judgment thereon, no stay of execution or appraisement of 
property shall be allowed. (E. S. 1881, § 4609; E. S. 1901, 
§6108; E. S. 1897, §6398.) 

670. Notice of sale. 43. On failure to pay any interest 
or principal, when due on any such mortgage, the auditor 
shall advertise the mortgaged property for sale in one or 
more of the newspapers printed in this state, for sixty 
days — such sale to take place at the court house door in 
Indianapolis. (E. S. 1881, § 4610; E. S. 1901, § 6109; E. S. 
1897, § 6399.) 

1. A failure to give notice, or to not give it the required length of 
time, renders the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations 
may be used in the description. — Bansemer v. Mace, 18 Ind. 27. 

2. Sufficiency of notice. Publication of notice of sale for nine 
successive weeks in a weekly newspaper is a sufficient compliance with 
this section.— Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 

671. Sale. 44. At the time appointed for such sale the 
auditor and treasurer of state shall attend, and the auditor 
shall make sale of so much of the mortgaged premises to 
the highest bidder, for cash, as will pay the amount due 
for principal, interest, damages and cost of advertising 
and selling the same ; and such sales may be in parcels, so 
that the whole amount required be realized. (E. S. 
1881, § 4611; E. S. 1901, § 6110; E. S. 1897, § 6400.) 

1. A sale for mora than is due is void. — Brown v. Ogg, 85 Ind. 234. 
The auditor may act by deputy. — Bansemer v. Mace, 18 Ind. 27. 

2. It is not necessary to offer the mortgaged tract in parcels. — Banse- 
mer V. Mace, 18 Ind. 27. 



424 SCHOOL LAW OF INDIANA. 

672. When auditor to buy — Resale. 45. In case no one 
will bid the full amount due as aforesaid, the auditor shall 
bid in the same, on account of the proper fund ; and as soon 
thereafter as may be, he shall sell the same to the highest 
bidder for cash, or on a credit of five years, interest being 
payable annually in advance. (E. S. 1881, §4612; R. S. 
1901, § 6111; R. S. 1897, § 6401.) 

673., Limit of bid — Overplus. 46. The sale authorized 
in the preceding section shall not be for less than the 
amount chargeable on such land; but if for more, the over- 
plus shall be paid to the mortgagor, his heirs or assigns. 
(R. S. 1881, § 4613; R. S. 1901, § 6112; R. S. 1897, § 6402.) 

674. Statement of sale. 47. The treasurer shall attend 
and make a statement of such sales, which shall be signed 
by the auditor and treasurer, and, after being duly re- 
corded in the auditor's office, shall be filed in the treasur- 
er's office, and such record, or a copy thereof, authenti- 
cated by the auditor's or treasurer's certificate, shall be 
received as evidence of the matters therein contained. (R. 
S. 1881, § 4614; R. S. 1901, § 6113; R. S. 1897, § 6403.) 

675. Title in state, without deed. 48. When any land 
is bid in by the state at such sale, no deed need be made 
therefor to the state ; but the statement of such sale, and the 
record thereof made, as in the preceding section required, 
shall vest the title in the state, for the use of the fund. 
(R. S. 1881, § 4615; R. S. 1901, § 6114; R. S. 1897, § 6404.) 

676. Sale for cash — Certificate. 49. In case of a sale of 
any such land to any person for cash, on the production of 
the treasurer's receipt for the purchase money, the auditor 
shall give to the purchaser a certificate, which shall entitle 
him to a deed for said land, to be executed by the governor 
of this state and recorded in the office of the secretary of 
state. (R. S. 1881, §4616; R. S. 1901, §6115; R. S. 1897, 
§6405.) 

1. Recording deed. The deed is now recorded in tlie state auditor's 
office, and not in tlie office of ttie secretary of state, according to tlie pro- 



SCHOOL LAW OF INDIAKA. 



425 



Visions of section 7651,' R. S. 1901. (R. S. 1881, § 5628; R. S. 1897, § 8036.) 
—Fisher v. Brewer, 159 Ind. 139 ; 64 N. E. Rep. 614. 

2. Pkiokity. Tlie purcliaser talies title free from the lien of taxes 
and special assessments made subsequent to the date of the mortgage. — 
Fisher v. Bro^Yer, 159 Ind. 139 ; 64 N. E. Rep. 614. 

677. Sale on credit. 50. In like manner, when any tract 
bid in by the state or sold on a credit, on the execution and 
delivery of a note and mortgage for the proper amount, as 
in other cases required, the purchaser shall be entitled to a 
deed for the same, to be made as prescribed in the preced- 
ing section; and the transaction shall be entered, and ap- 
pear upon the auditor's and treasurer's books as a pay- 
ment of the sum bid, and a reloan of the same to the pur- 
chaser, and the proper receipts and warrants shall pass 
therefor. (R. S. 1881, § 4617; R. S. 1901, § 6116; R. S. 1897, 
§6406.) 

678. Fees and damages. 51. For the services of the 
auditor and treasurer in conducting such sales, they shall 
be entitled to receive five per cent, damages, chargeable 
on such sales. (R. S. 1881, §4618; R. S. 1901, § 6117; R. 
S. 1897, § 6407.) 

679. Accounts — Reports. 52. The auditor and treasurer 
shall keep fair and regular entries of the sums received 
and paid out on account of said fund, and shall include the 
same in their annual reports. (R. S. 1881, § 4619 ; R. S. 
1901, § 6118 ; R. S. 1897, § 6408.) 

680. Accounts with borrowers. 53. In addition thereto, 
the auditor shall keep fair and regular accounts with the 
borrowers of said fund, and shall report the names of bor- 
rowers with his annual report. (R. S. 1881, §4620; R. S. 
1901, § 6119 ; R. S. 1897, § 6409.) 

681. Interest, when loaned. 54. Should any interest 
remain on hand, not wanted for the use of the university, 
the same may be loaned as other funds. (R. S. 1881, § 4621; 
R. S. 1901, § 6120 ; R. S. 1897, § 6410.) 



426 SCHOOL LAW OF INDIANA. 

682. Unsold lands, 55. The care and disposition of the 
lands belonging to and for the nse of said nniversity, re- 
maining nnsold or nnpaid for, shall be vested in the present 
commissioners of the reserved townships in the counties in 
which snch lands may lie, who shall sell such as remain un- 
sold, and such as are forfeited for non-payment, on such 
terms and under such regulations as the board of trustees 
of such university may provide; except that, in every in- 
stance, the interest on the purchase money must be paid in 
advance. No purchaser, his heirs or assigns, shall have the 
right to cut down or destroy timber standing upon such 
land, other than for the erection of fences and buildings 
thereon, or for firewood to be used on the premises, and in 
fairly improving it for cultivation. (E. S. 1881, § 4622 ; E. 
S. 1901, § 6121; E. S. 1897, § 6411.) 

683. Certificates of payment — Patent. 56. On the first 
payment for any such land being made, the proper com- 
missioner shall execute to the purchaser a certificate there- 
for; and, on final payment, the original certificate shall be 
surrendered to the commissioner, and by him filed away, 
and he shall give to the purchaser two final certificates, 
stating the whole amount of principal and the whole amount 
of interest paid, one of which certificates shall be for- 
warded to the auditor of state; and on presentation of the 
other to the auditor of state, if in all things correct, he 
shall countersign the same, which shall entitle the owner 
to a patent, to be issued by the governor for the land so 
paid for. (E. S. 1881, § 4623 ; E. S. 1901, § 6112 ; E. S. 1897, 
§6412.)' 

684. Leases. 57. Such commissioners may, from time 
"to time, lease any such unsold improved land, for a term 

not exceeding one year, until the same can be sold; and 
such leases shall be guarded against trespass and waste 
by proper covenants. (E. S. 1881, § 4624; E. S. 1901, § 6123; 
E. S. 1897, §6413.) 



SCHOOL LAW OF INDIATSTA. 



427 



685. Commissioners' report. 58. Sucli commissioners 
shall make an annual report to the board of trustees of the 
lands remaining unsold, such as are forfeited, such as are 
not fully paid for, the amount due, and money collected 
from sale, as interest or principal; which report shall be 
subscribed and sworn to by such commissioners, respective- 
ly, and be incorporated in the annual report of such board 
to the general assembly. (R. S. 1881, §4625; R. S. 1901, 
§6124; E. S. 1897, §6414.) 

686. Com^missioners' duty. 59. Money collected by such 
commissioners shall be paid over to the treasurer of the 
board, who shall execute to such commissioners two re- 
ceipts therefor, each specifying the persons for whom such 
money was collected, and the amount thereof, whether for 
interest or principal ; one of which receipts shall be immedi- 
ately forwarded to the auditor of state, to be by him used 
in his settlement with such treasurer. (R. S. 1881, § 4626 ; 
R. S. 1901, § 6125 ; R. S. 1897, § 6415.) 

687. Pay of commissioners. 60. Such board shall regu- 
late the compensation of such commissioners. (R. S. 1881, 
§ 4627 ; R. S. 1901, § 6126 ; R. S. 1897, § 6416.) 

688. Patents, and recording. 61. Patents for land sold 
shall be made by the governor, and recorded in the office of 
the secretary of state. (R. S. 1881, §4628; R. S. 1901, 
§6127; R. S. 1897, §6417.) 

[1855, p. 201. Approved and in force March 3, 1855.] 

689. Pay for managing fund. 7. The auditor of state 
and the treasurer of state, for the management of the uni- 
versity fund, shall be, jointly, entitled to receive five per 
centum upon the interest paid in on such fund ; and it shall 
not be lawful for them, or either of them, to make any other 
charges against the same. (R. S. 1881, § 4629; R. S. 1901, 
^6128; R. S. 1897, §6418.) 



428 SCHOOL LAW OF INDIANA, 

690. Extension of payments. 8. The time for the final 
payments to be made by the holders of original certificates 
for the purchase of lands reserved and granted to the state 
university of Indiana, in the case of all such certificates as 
have heretofore been issued and are now outstanding, shall 
be extended for the further term of three years from the 
time when the same may, respectively, fall due. (B. S. 
1881, § 4630; R. S. 1901, § 6129; R. S. 1897, § 6419.) 

691. Forfeiture, how prevented. 9. Any and all holders 
of such certificates, as aforesaid, who have forfeited such 
lands by the non-payment of interest on the purchase 
money, shall be exempted and released from such forfeit- 
ure by paying, to the commissioners of such lands, on or 
before the first day of August, in the year 1855, all interest 
due on the same, together with the interest upon the amount 
due at the time of such forfeiture up to the time of said 
payment ; and upon such payment being made, in the man- 
ner, and within the time herein specified, the holder of such 
certificate shall have the same rights under it as if such 
forfeiture had never occurred. (R. S. 1881, §4631; R. S. 
1901, § 6130; R. S. 1897, § 6420.) 

692. Forfeited lands. 10. If any portion of said lands 
now forfeited shall not have been redeemed on said first 
day of August next, as provided in the preceding section, it 
shall be the duty of the commissioners of such reserved 
lands to sell the same for the best price they can obtain, 
not less than the original purchase price, allowing the pur- 
chaser a credit on the same as now provided by law. If 
any of such lands shall hereafter be forfeited, it shall be 
the duty of such commissioners, if the same be not re- 
deemed within six months from the time of such forfeiture, 
to sell the same on the terms in this section above provided. 
For their services in effecting such sales, the commission- 
ers shall be entitled to retain, out of the first money re- 
ceived fram the purchasers, five per cent, upon the amount 
of the purchase price of such lands. (R. S. 1881, § 4632; 
R. S. 1901, § 6131; R. S. 1897, § 6421.) 



SCHOOL LAW OF INDIANA. 429 

[1859, p. 234. Approved and in force March 2, 1859.} 

693. Appraisement of lands. 1. The board of trustees 
of the Indiana nniversity shall canse to be appraised the 
land granted by the United States to the state of Indiana 
for the nse of the said nniversity. (E. S. 1881, §4633; 
R. S. 1901, § 6132; R. S. 1897, § 6422.) 

694. Where filed and recorded. 2. It shall be the duty 
of the said trustees, when the said appraisement shall have 
been made, to record the same upon their books, and to file 
a copy of the same in the office of the auditor of state, to 
be, by said auditor, recorded in his office; and, also, to file 
copies of such appraisements of the lands in the respec- 
tive counties in the office of the auditor of the county where 
the lands are situate, to be by said county auditor recorded. 
(R. S. 1881, § 4634; R. S. 1901, § 6133; R. S. 1897, § 6423.) 

695. Duty of county auditors. 3. The auditor of each 
of the said counties shall, upon said appraisements being 
filed as aforesaid, and when required to do so by the said 
board of trustees, offer for sale so much of the said lands 
as may be within their respective counties at public auc- 
tion, in the manner hereinafter mentioned. (R. S. 1881, 
§ 4635; R. S. 1901, § 6134; R. S. 1897, § 6424.) 

696. Notice of sale. 4. Notice of the time, place and 
conditions of such sale shall be given by publication, for 
four weeks successively in a newspaper published in such 
county, if any there be; if not, in a newspaper in this state 
published nearest thereto, and also by posting up written 
or printed notices thereof in three of the most public places 
in the township in which the lands are situated, and a like 
notice at the courthouse door at the county seat. (R. S. 
1881, § 4636; R.S. 1901, § 6135; R. S. 1897, § 6425.) 

697. Sale. 5. The place of sale for said lands shall be 
at the courthouse in each county of the state in which the 
said lands may be situated, and it shall be the duty of the 



430 SCHOOL LAW OF INDIANA. 

county auditor to attend at the courtliouse of Ms county 
at the time mentioned in the notice of the sale of said lands, 
and offer for sale at public auction, in legal subdivisions, 
and as near as practicable, in half -quarter sections, all the 
lands lying within his. county; and, for that purpose he 
shall continue the sale from day to day, until all the said 
lands shall have been offered for sale. (E. S. 1881, § 4637; 
R. S. 1901, § 6136; R. S. 1897, § 6426.) 

698. Terms of sale. 6. The said lands shall be offered 
for sale at the time and place mentioned in such publica- 
tion, and struck off to the highest bidder, by said county 
auditor and county treasurer, for a price not less than the 
appraised value thereof — one-fourth of the purchase money 
to be paid in hand, and the remaining three-fourths at the 
expiration of ten years from the date of such sale, with 
interest annually in advance, at the rate of seven per cent, 
per annum, upon the residue or deferred payment. (R. S. 
1881, § 4638; R. S. 1901, § 6137; R. S. 1897, § 6427.) 



Private entry. 7. When any of said lands, offered 
at public sale as aforesaid, shall remain unsold, they shall 
be subject to private entry with the county auditor and 
county treasurer of each county, upon the same terms and 
conditions as lands sold at public auction, for a sum not less 
than the appraised value thereof, by any person applying 
to enter the same. (R. S. 1881, § 4639; R. S. 1901, § 6138; 
R. S. 1897, § 6428.) 

700. Certificate of purchase. 8. When any sale shall be 
effected, either at public or private sale as aforesaid, the 
county auditor shall give to the purchaser thereof a certifi- 
cate, signed by him officially, bearing date on the day of 
sale, stating therein the name of the purchaser, the tract or 
tracts of land purchased by him, the number of acres con- 
tained in said tract or tracts, the price per acre, and the 
whole sum for which the same was sold, the amount of prin- 
cipal paid, and the amount of interest paid in advance. 
(R. S. 1884, § 4640; R. S. 1901, § 6139; R. S. 1897, § 6429.) 



SCHOOL LAW OF IISTDIANA. 431 

701. Certificate to be registered. 9. Said certificate 
shall be registered by the county auditor in a book provided 
for that purpose, by entering in said book a correct copy 
thereof. (E. S. 1881, § 4641; E. S. 1901, § 6140; E. S. 1897, 
g 6430.) 

702. Certificate assignable. 10. Said certificates of en- 
try shall be evidence of title to the land therein mentioned 
in the persons in whose names they shall issue, or their 
assigns, and shall be assignable, provided such assignments 
be acknowledged before the auditor of the county wherein 
the land is situated (who is hereby authorized to take such 
acknowledgments), and recorded by said auditor in a book 
to be kept by him for that purpose; for which service the 
said auditor shall be entitled to receive a fee of fifty cents, 
to be paid by the assignor of such certificate. (E. S. 1881, 
§ 4642 ; E. S. 1901, § 6141 ; E. S. 1897, § 6431.) 

703. Forfeiture. 11. On failure of any purchaser to 
pay any installment of interest on said deferred payment 
of purchase money when the same becomes due, the con- 
tract shall become forfeited and the land shall immediately 
revert to the state for the use of said university, and the 
county auditor shall forthwith proceed to sell the same in 
the manner and on the terms hereinbefore specified for 
said public sales. (E. S. 1881, §4643; E. S. 1901, §6142; 
E. S. 1897, § 6432.) 

704. Surplus. 12. If, on such subsequent sale, such 
lands shall produce more than is sufficient to pay the sum 
owing therefor, with interest and costs and five per cent, 
damages upon the amount due on such lands, the surplus 
shall, when collected, be paid over to the purchaser so for- 
feiting or his legal representative. (E. S. 1881, §4644; 
E. S. 1901, § 6143; E. S. 1897, § 6433.) 

705. Forfeiture, how prevented. 13. At any time be- 
fore such subsequent sale, payment of the sum due, with 
interest ,f or the delay, and all costs, together with two per 



432 SCHOOL LAW OF INDIANA. 

cent, damages upon the amount due on such lands, shall 
prevent such sale and revive the original contract. (R. S. 
1881, § 4645; R. S. 1901, § 6144; R. S. 1897, § 6434.) 

706. Land, how redeemed. 14. The former owner of 
any lands sold as delinquent, his heirs, executors or ad- 
ministrators, may, at any time within one year after such 
resale, redeem the same by paying to the purchaser, his 
heirs or assigns, or to the county treasurer, for him or 
them, the amount of purchase money paid by such pur- 
chaser, together with all subsequent payments, either of 
principal or interest, which such purchaser, or those claim- 
ing under him, may have made thereon, with interest at 
the rate of ten per cent, per annum. (R. S. 1881, § 4646; 
R. S. 1901, § 6145; R. S. 1897, § 6435.) 

707. Security. 15. The board of trustees may require 
security from the purchaser at any of said sales, sufficient 
to prevent any waste being committed upon the lands by 
the removal of timber therefrom, or otherwise. (R. S. 
1881, § 4647; R. S. 1901, § 6146; R. S. 1897, § 6436.) 

708. Suit for waste. 16. In case of any forfeiture as 
aforesaid, the purchaser so forfeiting shall be liable and 
may be sued for unnecessary injury or waste done to such 
land, and damages to double the amount of such injury or 
waste recovered therefor — such suit to be begun and prose- 
cuted by the auditor of the county where the land lies, in 
the name of the state of Indiana, for the use of said uni- 
versity. (R. S. 1881, § 4648; R. S. 1901, § 6147; R. S. 1897, 
§ 6437.) 

709. Patent, on full payment. 17. On full payment be- 
ing made for any such land the county auditor shall issue 
to the purchaser, or his assignee, a final certificate there- 
for; which, upon presentation to the auditor of state, shall 
entitle the owner thereof to a patent for the land described 
therein, to be issued by the governor and recorded in the 



SCHOOL LAW OF INT)LA.NA. 433 

office of the secretary of state. (R. S. 1881, §4649; R. S. 
1901, §6148; R. S. 1897, §6438.) 

1. By an act of 1SS9 the trustees were authorized to sell certain 
lands in Ringgold county, Iowa, owned by the university, and to execute 
a deed therefor.— Acts 1889, p. 255. 

710. Auditor's report. 18. The county auditor shall 
make, on the first Monday of each month, a report of his 
sales of said lands to the secretary of the board of trus- 
tees and to the auditor of state, showing the date of sale, 
the description of the lands sold from time to time, the 
number of acres, the price per acre, the total amount of in- 
terest paid, and of all forfeitures, re-sales and redemptions 
thereof. (R. S. 1881, §4650; R. S. 1901, § 6149; R. S. 1897, 
§ 6439.) 

711. Treasurer's report. 19. The county treasurer shall 
make a report, on the first Monday of each month, to the 
treasurer of the board of trustees of the university and to 
the treasurer of state, of all moneys received by him, 
whether principal or interest, on account of such lands ; and 
the said board of trustees shall require the books of their 
secretary and treasurer to be so kept as to exhibit the true 
condition of the accounts of all such purchases and sales of 
the said lands. (R. S. 1881, § 4651; R. S. 1901, § 6150; R. 
S. 1897, § 6440.) 

712. To pay moiiisy to state treasurer. 20. The county 
treasurer shall, on the first Monday of each month, pay 
over to the treasurer of state all sums received on account 
of the principal of the purchase money of said lands, and 
shall pay to the treasurer of the board of trustees of the 
university all sums received on account of the interest upon 
the purchase money of the said lands. (R. S. 1881, § 4652; 
R. S. 1901, § 6151; R. S. 1897, § 6441.) 

713. Pay to auditor and treasurer. 21. The several 
county auditors and treasurers shall receive for their serv- 
ices the same compensation which may, from time to time, 



434 



SCHOOL LAW OF INDIANA. 



be allowed by law for similar services in relation to tlie 
sale of common school lands, which shall be in full for all 
their services required by this act. (R. S. 1881, § 4653; R. 
S. 1901, § 6152; R. S. 1897, § 6442.) 

714. Loans. 22. The auditor of state shall loan out the 
said principal of the moneys received from the several 
county treasurers on account of said sales, in the same 
manner, and requiring the same security, as other portions 
of the university fund is now or may hereafter be required 
by law to be loaned out, and shall pay over to the treasurer 
of the board of trustees the interest derived from said prin- 
cipal, as a part of the income of the university. The said 
auditor of state shall, in his annual report to the legis- 
lature, report the names of the borrowers of the whole of 
the university fund, the amount borrowed by each, and the 
total amount on loan at the date thereof, and the amount 
of the suspended debt, if any, and in whose name forfeited. 
(R. S. 1881, § 4654; R. S. 1901, § 6153; R. S. 1897, § 6443.) 

715. Disposition of proceeds. 23. Of the first proceeds 
of said sum, the said board of trustees shall be entitled to 
receive an amount equal to the amount of interest belong-' 
ing to the university and loaned out as principal by the 
auditor of state, as shown by the report of that officer to 
the general assembly at the session of 1851-52 ; which shall 
be paid to the treasurer of the board of trustees of the uni- 
versity, and be applied, under the order of the board of 
trustees, to the discharge of the debts growing out of the 
rebuilding of the university, and to the purchase of a suit- 
able library, philosophical apparatus therefor, or proper 
furniture, in place of those destroyed by the burning of the 
university. (R. S. 1881, §4655; R. S. 1901, §6154; R. S. 
1897, § 6444.) 

716. Report of sales. 24. The board of trustees shall, 
in their annual report, include a full statement of the 
amount of the sales of such lands, and the application of 
the funds received therefor, as reported to them, from time 



SCHOOL LAW OF IOT)IANA. 



435 



to time. (R. S. 1881, § 4656; E. S. 1901, § 6155; E. S. 1897, 
§ 6445.) 

717. One trustee to attend sales. 25. One member of 
the board of trustees, to be designated by the board, shall 
attend to the ptiblic sales of the said lands, to prevent com- 
binations injurious to the interests of the university; and 
he shall have power to withdraw the said lands, or any por- 
tion thereof, from sale, when, in his judgment, the inter- 
ests of the university would be thereby promoted, and shall 
have the power and right to designate and determine in 
what subdivisions any of the said lands may be sold, at the 
time of said public sale, for the best interests of the said 
university. (E. S. 1881, §4657; E. S. 1901, §6156; E. S. 
1897, § 6446.) 

718. No member to deal in the lands. 26. No member 
of the board of trustees of the university shall either di- 
rectly or indirectly, become the purchaser of any such lands 
at any sale made by the county auditor, or by private entry 
with the auditor, after any forfeiture of purchase, and any 
sale made to any member of the said board, contrary to the 
provisions of this section, shall be absolutely void, and the 
purchase-money, and interest which may have been paid 
thereon, shall be forfeited to the university fund. (E. S. 
1881, § 4658; E. S. 1901, § 6157; E. S. 1897, § 6447.) 

719. Trustees to get information. 27. The commission- 
ers of the university lands in Gibson and Monroe counties, 
and the several county auditors and treasurers of the coun- 
ties in which any of the university lands are situated shall 
furnish such information in relation to the lands and other 
property of the university, as may, from time to time, be 
required of them by the said board of trustees, and shall 
report, annually, the amount of unpaid purchase-money 
due on the lands sold for the use of the said university, in 
each of their counties. (E. S. 1881, §4659; E. S. 1901, 
§6158; E. S. 1897, §6448.) 

[28] 



436 SCHOOL LAW OF USTDIAISTA. 

[1897, p. 117. Approved March 2, 1897. In force April 14, 1897.] 

720. State treasurer collects loan. 1. The treasurer of 
state shall proceed at once to collect all outstanding loans 
belonging to the permanent endowment fund of the state 
university, located at Bloomington, which may be due, and 
shall collect all other loans belonging to said fund, as fast 
as they become due, which money, together with all other 
moneys that come into the hands of said treasurer, belong- 
ing to said fund, shall be immediately apportioned by the 
auditor of state pro rata among the several counties in this 
state, according to population, as ascertained by the enum- 
eration taken and made in the year 1895, for legislative ap- 
portionment, and that the treasurer of state, immediately 
thereafter, pay the same to the several county treasurers, 
according to said apportionment made by the said auditor 
of state, and take their receipts therefor; and semi-annual- 
ly, on the first day of May and November of each year, the 
said auditor of state shall apportion the amount collected 
during the preceding six months, and the treasurer of state 
shall pay the same to the respective county treasurers as 
above provided. (E. S. 1897, § 6381.) 

721. County auditors loan. 2. The said moneys so dis- 
tributed and paid to said counties, as provided by section 
one (1) of this act, shall be loaned by the auditors of the 
respective counties in the same manner and on the same 
terms and conditions and under the same restrictions, sub- 
ject to the same limitations, and said loans shall be again 
collected from the borrower, as the common school funds 
are now loaned and collected. And the said several coun- 
ties shall be liable in the same manner and to the same ex- 
tent for the princijDal and interest of said fund, and for me 
payment of the same, as they are now liable for the pay- 
ment of the interest and principal of the common school 
funds. (E. S. 1897, § 6382.) 

722. Auditor of state can not loan. 3. The auditor of 
state is hereby prohibited from making any further loans 



SCHOOL LAW OF INDIANA. 



437 



from said fund, and all money in his hands belonging there- 
to shall be by the auditor of state apportioned, and by the 
treasurer of state paid to the several counties, where ap- 
portionment is made as provided in section one (1) of this 
act. (R. S. 1897, § 6383; R. S. 1901, § 6116c.) 

723. Counties pay interest. 4. The several counties of 
this state shall pay the interest on said fund to the treas- 
urer of state at the same time and in the same manner as 
interest is now paid on the school fund, and said treasurer 
of state shall at once pay the same to the trustees of the 
Indiana university and take proper receipts therefor. (R. 
S. 1897, §6384.) 

1. Donation. An act of 1897 permits donations by any county, city, 
town or township to any state university situated within it, not exceeding 
$25,000 for the county or city, and $10,000 for the township or town. 
Bonds of the county, township, city or town may be issued for that pur- 
pose, and a tax levied to pay them.— Acts 1897, p. 42. R. S. 1901, §§ 6166d- 
6166g. See Id. §§ 6166h-G166u. 

2. Sale of olu tnivkesity site. By an act of 1897 the trustees of 
Indiana university were empowered to sell certain land m the city of 
Bloomington, or plat and sell it, once the site of the university buildings, 
known as "Seminary square." — Acts 1897, p. 88. 

[1903, p. 142. Approved and in force March 3, 1903.] 

724. Suit for deficiency after sale. 1. In all cases where 
the auditor of state has made loans from the university 
fund, college fund or the permanent endowment fund of 
the Indiana state university, which said loans were secure/i 
by mortgage upon real estate, and when said mortgage:! 
premises have been heretofore or which may be hereafter 
forfeited to the state for non-payment of the amount due 
thereon, or have been heretofore or hereafter shall be bid 
in by the auditor of state for the benefit of said respective 
funds, and where said mortgaged premises when sold ac- 
cording to law after having been forfeited or bid in by the 
auditor of state have failed or shall fail to sell for a sum 
sufficient to satisfy the principal and interest of the loan 
made and the damages accrued by reason of such failure 



438 SCHOOL LAW OF INDIANA. 

and costs, the auditor of state shall bring snit on the note 
executed by the mortgagor for the deficiency, for which de- 
ficiency the maker shall be liable ; and when judgment shall 
be rendered thereon, no appraisement of property shall be 
allowed on execution issued on such judgment. 



SCHOOL LAW OF INDIANA. 



439 



CHAPTER XXVI. 

PURDUE UNIVERSITY. 



Sec. 

725. Agricultural college scrip. 

726. The first trustees and original name. 

727. Sale and investment of scrip. 

728. Donations accepted. 

729. Location. 

730. Purdue university — Permanent name. 

731. Corporate name — Powers and duties of 

trustees. 

732. Dedication of street. 

733. Power to dedicate. 

734. Privileges of John Purdue. 

735. Amendment or repeal. 

736. Appointment of trustees. 

737. Term of office. 

738. Vacancies, how filled. 

739. Officers — Treasurer's bond and duties. 

740. County students. 



Sec. 

741. Students. 

742. Investment of fund. 

743. Gift to establish institute of technol- 

ogy. 

744. Farmers' institutes. 

745. Time and place of holding institutes. 

746. Appropriation. 

747. Farmers' reading courses. 

748. Farmers' institute — County warrant. 

749. Application for warrant — Statement. 

750. ■ Woman's auxiliary. 

751. Amount of warrant — How determined. 

752. Expenses defined. 

753. False reports — Penalty. 

754. • Supplemental. 

755. Acceptance of United States grant. 



[1865, p. 106. Approved and in force March 6, 1865.] 

725. Agricultural college scrip. 1. The state of In- 
diana accepts and claims the benefits of the provisions of 
the acts of congress, approved July 2, 1862, and April 14, 
1864, and assents to all the conditions and provisions in 
said acts contained. (R. S. 1881, § 4662 ; R. S. 1901, § 6167 ; 
R. S. 1897, § 6455.) 

1. Congressional legislation. The acts of congress referred to in 
this section will be found in the acts of 1865 (p. 106), set out at length 
in the preamble. 

726. The first trustees, and original name. 2. The gov- 
ernor of this state, for the time being, and Alfred Pollard 
of Gibson, Smith Vawter of Jennings, Henry Taylor of 
Tippecanoe, and Lewis Burk of Wayne, and their succes- 
sors, are created a body corporate, under the name of ''The 
Trustees of the Indiana Agricultural College." (R. S. 
1881, § 4663; R. S. 1901, § 6168; R. S. 1897, § 6456.) 

727. Sale and investment of scrip. 5. Said trustees 
shall, by the hand of their treasurer, claim and receive 
from the secretary of the interior the land scrip to which 



440 SCHOOL LAW OF INDIANA. 

this state is entitled by the provisions of said acts of con- 
gress ; and, under their direction, said treasurer shall sell 
the same, in such manner and at such times as shall be 
most advantageous to the state, and shall invest the pro- 
ceeds thereof, and any interest that may accrue thereon, in 
the stocks of the United States, or of this state, yielding 
not less than five per centum per annum, upon the par value 
of the stocks; and said principal and interest shall continue 
to be so invested, until further provision shall be made by 
the general assembly of this state for fulfilling the require- 
ments of said acts of congress. (R. S. 1881, § 4664; R. S. 
1901, § 6169; R. S. 1897, § 6457.) 

[1869, S., p. 24. Approved and in force May 6, 1869.] 

728. Donations accepted. 1. The donation offered by 
John Purdue, as set forth and communicated to the present 
general assembly in the message of the governor, on the 
sixteenth day of April, 1869, and the donations offered by 
the county of Tippecanoe, the trustees of the Battle-Ground 
institute, and the trustees of the Battle-Ground institute of 
the Methodist Episcopal church, as set forth and communi- 
cated to the general assembly, at its last session, in the 
message of the governor, of the twenty-seventh day of 
January, 1869, are hereby accepted by the state of Indiana. 
(R. S. 1881, § 4665; R. S. 1901, § 6170 '; R. S. 1897, § 6458.) 

1. The approprintion made by Tippecanoe county in 1809 was ren- 
dered valid by this section. MarIvS v. Trustees, etc., 37 Ind. 155. 

729. Location. 2. The college contemplated and pro- 
vided by the act of congress, approved July 2, 1862, entitled 
''An act donating public lands to the several states and 
territories which may provide colleges for the benefit of 
agriculture and the mechanic arts," is hereby located in 
Tippecanoe county, at such point as may be determined be- 
fore the first day of January, 1870, by a majority vote of 
the trustees of the Indiana agricultural college; and the 
faith of the state is hereby pledged that the location so 



SCHOOL LAW OF LNDIANA. 441 

made shall be permanent. (R. S. 1881, § 4666; R. S. 1901, 
§6171;R.S. 1897, §6459.) 

730. Purdue university — Permanent name. 3. In con- 
sideration of said donation by John Purdue, amounting to 
one hundred and fifty thousand dollars, and of the further 
donation of one hundred acres of land appurtenant to the 
institution, and on condition that the same be made ef- 
fectual, the said institution, from and after the date of its 
location as aforesaid, shall have the name and style of 
"Purdue university;" and the faith of the state is hereby 
pledged that said name and style shall be the permanent 
designation of said institution, without addition thereto or 
modification thereof. (R. S. 1881, § 4667; R. S. 1901, § 
6172; R.S. 1897, § 6460.) 

731. Corporate name — Powers and duties of trustees. 4. 
From and after the date of the location made as aforesaid, 
the corporate name of the trustees of the Indiana agri- 
cultural college shall be "The trustees of Purdue univer- 
sity"; and they shall take in charge, have, hold, possess, 
and manage, all and singular, the property and moneys 
comprehended in said donations, as also the fund derived 
from the sale of the land scrip donated under said acts 
of congress, and the increase thereof, and all moneys or 
other property which may hereafter at any time be do- 
nated to and for the use of said institution. They shall 
also have power to organize said university in conformity 
with the purposes set forth in said acts of congress, hold- 
ing their meetings at such times and places as they may 

.agree on, a majority of their number constituting a 
quorum. They shall provide a seal ; have power to elect all 
professors and teachers, removable at their pleasure; fix 
and regulate, compensations ; do all acts necessary and ex- 
pedient to put and keep said university in operation; and 
make all by-laws, rules, and regulations required or proper 
to conduct and manage the same. (R. S. 1881, § 4668; R. 
S. 1901, § 6173; R. S. 1897, § 6461.) 



442 SCHOOL LAW OF INDIANA. 

1. Students must submit to rules. A student is required to sub- 
mit to any proper rule necessary for the good government of the institu- 
tion.— State V. White, 82 Ind. 278. 

2. Qualifications eok admission. The faculty can not make mem- 
bership of a Greek-letter fraternity or other college secret society a dis- 
qualification for admission. — State v. White, 82 Ind. 278. 

3. Race ok color. Students can not be expelled on account of race 
or color. — Corey v. Carter, 48 Ind. 327. 



[1893, p. 36. Approved and in force February 17, 1893.] 

732. Dedication of street. 1. The trustees of Purdue 
university are hereby empowered to dedicate for a public 
street, adjoining the town of West Lafayette, Indiana, a 
strip of land thirty feet in width, and described as follows : 
beginning at the southeast corner of the lands owned by 
said university, and running thence north along the east 
side of said university lands to the state road, a distance 
of about thirteen hundred and fifty feet. (E. S. 1901, § 
6183; R. S. 1897, §6472.) 

733. Power to dedicate. 2. That the trustees of Purdue 
univertsity are hereby empowered to dedicate for public 
streets such strips of lands extending through or along the 
grounds owned by said university as they may deem for 
the best interest of said university. (R. S. 1901, § 6184; R. 
S. 1897, § 6473.) 

[1869, S., p. 24. Approved and in force May 6, 1869.] 

734. Privileges of John Purdue. 5. In further consid- 
eration of his said donation, John Purdue shall, from and 
after the taking effect of this act, be added as a member 
of said trustees of the Indiana agricultural college, and he 
shall also be a member of said trustees of Purdue uni- 
versity. Should he, at any time, cease to be such member, 
he shall be continued as an advisory member of said trus- 
tees; and he shall, during his lifetime, have visitorial 
power, for the purpose of inspecting the property, real and 
personal, ol said university, recommending to the trustees 



SCHOOL LAW OF HSTDIANA. 



443 



such measures as he may deem necessary for the good of 
the university, and investigating the financial concerns of 
the corporation. And he is authorized to make report of 
his examination, inspection, and inquiries, to the general 
assembly, at any session thereof. (E. S. 1881, § 4669; E. S. 
1901, § 6174; E. S. 1897, § 6462.) 

735. Amendment or repeal. 6. This act shall be subject 
to future amendment or repeal, except so far as it provides 
for the acceptance of donations, the location of the college, 
the name and style thereof, and the rights and privileges 
conferred upon John Purdue. (E. S. 1881, § 4670; E. S. 
1901, § 6175; E. S. 1897, § 6463.) 

[1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 

736. Appointment of trustees. 1. Upon the taking effect 
of this act, it shall be the duty of the governor of this state 
to appoint six trustees for the Purdue university, two of 
whom shall be nominated by the state board of agriculture, 
one by the state board of horticulture, and three selected 
by the governor himself — each of said trustees to be ap- 
pointed from a different congressional district from the 
others, except that two may be appointed from the same 
congressional district in which said university is situate. 
(E. S. 1881, § 4671; E. S. 1901, § 6176; E. S. 1897, § 6464.) 

737. Term of office. 2. The persons so appointed shall 
constitute the board of trustees of said university, and shall 
hold their offices as follows: Two members of the first 
board shall hold their offices for one year and until their 
successors are appointed; two for two years, and two for 
three years ; and at the expiration of the term of office of 
any of the members of the first or any subsequent board, 
their successors shall be appointed in like manner, and with 
like nomination, as provided in this act, to hold- their offices 
for the term of three years, and until their successors are 
appointed. (E. S. 1881, § 4672; E. S. 1901, § 6177; E. S. 
1897, § 6465.) 



444 ■ SCHOOL LAW OF INDIANA. 

738. Vacancies, how filled. 3. If, from any cause, a 
vacancy occur in said board, the same shall be filled, by 
appointment, to fill the unexpired term, the person ap- 
pointed to fill such vacancy being nominated and ap- 
pointed, or appointed, in the same manner as his predeces- 
sor had been at the commencement of such term. (R. S. 
1881, § 4673; R. S. 1901, § 6178; R. S. 1897, § 6466.) 

[1891, p. 34. Approved and in force February 26, 1891.] 

739. Officers — Treasurers' bond and duties. 4. Said 
trustees shall, at their first meeting after their appoint- 
ment, and every two years thereafter, choose a president 
of said board; and they shall, at such meeting, and every 
two years thereafter, and whenever a vacancy occurs, elect, 
by ballot, a secretary and treasurer, neither of whom shall 
be a member of the board whose compensation shall be 
fixed by the trustees. The said treasurer shall give such 
bond to the state of Indiana in any sum not less than fifty 
thousand dollars for the faithful execution of his trust, 
with sufficient sureties as said trustees may require ; and he 
shall receive, take charge of, and, under the direction of 
said trustees, manage all [the] stocks and funds belonging 
to said university. (R. S. 1881, § 4674; R. S. 1901, § 6179; 
R. S. 1897, § 6467.) 

[1877, S., p. 60. Approved and in force March 12, 1877.] 

740. County students. 1. The board of commissioners 
of each county in this state may appoint, in such manner as 
it may choose, two students, or scholars, to Purdue uni- 
versity, who shall be entitled to enter, remain, and receive 
instruction in the same, upon the same conditions, quali- 
fications and regulations prescribed for other applicants 
for admission to, or scholars in, said university : Provided, 
however. That every student admitted to said university 
by appointment, by virtue of this act, shall in nowise be 
chargeable for room, light, heat, water, tuition, janitor or 
niatriculation fees; and said student shall be entitled, in 



SCHOOL LAW OF INDIANA. 



445 



the order of admittance, to any room in the imiversity then 
vacant and designed for the habitation or occupancy of a 
stndent; and snch student so admitted shall have prior 
right to any snch room, subject to the rules of the uni- 
versity, over any student not appointed and admitted as 
aforesaid. (E. S. 1884, § 4675; R. S. 1901, § 6180; R. S. 
1897, § 6468.) 

741. Students. 2. No more than two students at the 
same time from any one county shall be entitled to admit- 
tance to said university, under the provisions of this act. 
But the board of commissioners of each county may, from 
time to time, appoint as aforesaid, to any vacancy in its 
appointments. (E. S. 1881, § 4676; R. S. 1901, § 6181; R. 
S. 3897, § 6469.) 

[1881, S., p. 585. Approved and in force April 14, 1881.] 

742. Investment of fund. 1. The trustees of Purdue 
university, by their treasurer, are hereby authorized, on or 
after the first day of April, 1881, to surrender to the treas- 
urer of state the bond executed to said university by the 
state of Indiana, bearing date April 1, 1878, and payable, 
in the sum of two hundred thousand dollars, on April 1, 
1881; and a like bond executed by the state to said uni- 
versity, dated April 1, 1879, and payable, in the sum of one 
hundred and twenty-five thousand dollars, on April 1, 1884 ; 
and also to pay, out of the proceeds of the United States 
five per cent, bonds now held by said university (which 
said trustees are hereby empowered to sell), the sum of 
fifteen thousand dollars to said treasurer of state; who, 
thereupon, is hereby directed to issue and deliver to said 
treasurer of Purdue university a non-negotiable bond of 
the state of Indiana, to be signed by the governor and state 
treasurer, and attested by the secretary of state and the 
state seal (the same to be dated April 1, 1881, and payable, 
twenty years after its date, to the trustees of Purdue uni- 
versity and their successors, with interest at the rate of five 



446 SCHOOL LAW OF INDIANA. 

per cent, per annum, payable quarterly after date of the 
bond), all for the nse of Purdue university — said bonds 
surrendered, and fifteen thousand dollars paid, constituting 
the endowment fund of said university derived from the 
gift of the United States. (E. S. 1881, § 4677; E. S. 1901, 
§ 6182; E. S. 1897, § 6470.) 

[1889, p. 351. Approved and in force March 9, 1889.] 

743. Gift to establish institute of technology. 1. "When- 
ever any individual or individuals shall give, donate or be- 
queath a sum of money or other valuable property for the 
purpose of establishing an institute of technology or other 
special schools in connection with Purdue university in and 
on the grounds of said university, the trustees of said uni- 
versity are hereby authorized and empowered to accept 
such donation, gift or bequest for and on behalf of the state 
of Indiana for such institute on such terms as may be 
agreed upon by and between such trustees and said donor 
or donors or devisior [devisor] ; and the said trustees are 
hereby authorized to establish, maintain and operate such 
an institution in connection with Purdue university: Pro- 
vided, That such institute of technology shall be freely open 
to students upon the same terms upon which Purdue imi- 
versity is open to students. And, provided. That nothing 
in this act shall enable or authorize said trustees to make 
any contract with said donor or donors by which any debts 
shall be created beyond or above current legislative appro- 
priations to the university. And, provided further, That 
the terms upon which such donations are received and ac- 
cepted shall not be effective unless the same are endorsed 
and approved by the Governor of the state of Indiana. 
(E. S. 1901, § 6185; E. S. 1897, § 6471.) 

[1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.1 

744. Farmers' institutes. 1. It is hereby made the duty 
of the committee of experimental agriculture and horticul- 
ture of the board of trustees, together with the faculty of 



SCHOOL LAW OF INDIANA. 447 

the school of agriculture of Purdue university, to appoint, 
before November 1st of each year, suitable persons to hold 
in the several counties of this state, between the 1st day 
of November and the 1st day of April of each year, county 
institutes for the purpose of giving to farmers and others 
interested therein instruction in agriculture, horticulture, 
agricultural chemistry and economic entomology. (R. S. 
1901, § 2809; R. S. 1897, § 2859.) 

745. Time and place of holding institutes. 2. Such in- 
stitutes shall be held at such times and places as said com- 
mittee and faculty may determine, and under such rules, 
regulations and methods of instruction as they may pre- 
scribe: Provided, however, That such institutes shall be 
so conducted as to give those attending the results of the 
latest investigations in theoretical and practical agriculture 
and horticulture. (R. S. 1901, § 2810 ; R. S. 1897, § 2860.) 

746. Appropriation. 3. For the purpose of carrying out 
the provisions of this act, paying the salaries of instructors 
and other necessary expenses, the sum of five thousand dol- 
lars is hereby appropriated, to be expended under the di- 
rection of the said committee of said board of trustees, and 
they shall annually report such expenditures and the pur- 
poses thereof to the governor. (R. S. 1901, § 2811; R. S. 
1897, § 2861.) 

1. This appropriation is repealed after the July apportionment of 
1896. 

[1903, p. 508. Approved and in force March 10, 1903.] 

747. Farmers' reading courses. 1. In order to promote 
home study and reading in subjects relating to rural life 
and the principles of agriculture, the trustees and faculty 
of Purdue university shall encourage and direct farmers' 
reading courses and publish and distribute circulars and 
pamphlets of information on the above subjects as may 
seem profitable in promoting the agricultural interests of 
the state. 



448 SCHOOL LAW OF INDIANA. 

[1907, p. 183. Approved March 8, 1907. In force April 10, 1907.] 

748. Farmers' institutes — County warrant. 1. In or- 
der to promote the extension of farmers ' institute work, to 
encourage its better organization and to increase tlie 
moneys to be expended for such work, the chairman of 
any farmers' county institute held under the regulations 
adopted by the superintendent of county institutes, in any 
county in the state of Indiana, shall be entitled to draw 
from the county treasury of such county a sum of money 
not exceeding one hundred dollars ($100.00), to be paid on 
a warrant drawn by the county auditor, which said war- 
rant shall be issued to such county chairman upon full com- 
pliance with the terms of this act. 

749. Application for warrant — Statement. 2. The chair- 
man of any farmers' county institute, making application 
for a warrant as provided for in section 1 of this act, shall 
file with the county auditor, at the time of making such ap- 
plication, a verified statement as follows, to wit: A true 
and correct statement of the attendance at such county in- 
stitute, which statement shall contain the names of the 
persons so attending; and no name shall be listed as at- 
tending unless the person so listed shall have attended at 
least one full session of such institute and paid a member- 
ship fee of at least twenty -five cents ($0.25). Such state- 
ment shall also show the total amount of such membership 
fees collected at such institute ; a true and correct itemized 
statement of the expenses of such county institute, the re- 
ceipted vouchers showing payment in full of all expenses 
so itemized being attached to such report. 

750. Woman's auxiliary. 3. Any county in the state of 
Indiana, where auxiliary organizations to farmers' county 
institutes have been or hereafter may be organized under 
regulations adopted by the superintendent of county insti- 
tutes, such auxiliary organizations to be known as woman's 
auxiliary organizations for county institute work, and such 



SCHOOL LAW OF INDIAISTA. 



449 



auxiliary organizations are maintained separate and dis- 
tinct from the organization of such county institutes of 
such county and work under separate programs, and such 
auxiliary organization charge and collect an annual mem- 
bership fee of not less than fifteen cents, and the president 
of such auxiliary organization makes a verified report to 
the president of the county institute in all particulars as 
required of the president of county institutes in section 2 
of this act, then such auxiliary organizations shall be con- 
sidered a part of such county institute and the report of 
such auxiliary organizations shall be combined with the 
report of such county institute by adding similar items, and 
the totals of such additions shall be considered as the totals 
of the county institute. 

751. Amount of warrant — How determined. 4. The 

county auditor shall draw a warrant on the county treas- 
urer payable to the order of the chairman of the county 
institute for the sum represented by subtracting the total 
receipts of membership dues from the total expenses of 
conducting such institute as shown by the county chair- 
man 's itemized report and receipted vouchers filed with 
the report of such chairman: Provided, That no warrant 
shall be drawn for a sum in excess of the total receipts of 
membership dues ; and : Provided, further. That such war- 
rant shall be drawn but once during any calendar year. 

752. Expenses defined. 5. The term expenses as used in 
section 2 of this act shall be construed to include any prize 
or prizes offered by such county institute or auxiliary or- 
ganizations to stimulate competition in experimental work 
in agricultural or domestic science research; rewards of- 
fered for results of extraordinary excellence in agriculture 
or domestic science domain; or the necessary cost of co- 
operative work of an educational character along the lines 
of agricultural, horticultural or domestic science develop- 
ment : Provided, That the scheme or plan of such special 
work provided for in this section shall have been adopted 



450 SCHOOL LAW OF INDIANA. 

by the county institute at its last annual session and that 
competition shall be open to every eligible person of that 
particular class residing in such county. In adopting any 
such scheme or plan of special work every member of such 
county institute or auxiliary organization not in arrears 
for payment of annual membership dues, shall be entitled 
to one vote; and a plurality of all votes cast shall deter- 
mine the adoption of any proposed scheme. 

753. False reports — Penalty. 6. Any chairman of the 
county institute who shall knowingly file a false report; 
or any officer of the county institute or auxiliary organiza- 
tion whose duty it shall be to keep a record of the attend- 
ance, or render an accounting for moneys received or ex- 
pended who shall knowingly make or submit a false report ; 
or any officer of such county institute or auxiliary organiza- 
tion who shall expend any of the receipts of such county 
institute or auxiliary organization in any other manner 
than that shown by such verified report and by the re- 
ceipted vouchers filed therewith; or any person who shall 
sign a fraudulent voucher showing moneys expended which 
were not so expended, shall be deemed guilty of a mis- 
demeanor and shall, upon conviction, be fined in any sum 
not exceeding fifty dollars. 

754. Supplemental. 7. This act is supplemental to the 
act approved March 9, 1889, in force May 10, 1889, and re- 
peals none of the provisions of said act. 

[1891, p. 483. Approved and in force March 7, 1891.] 

755. Acceptance of United States grant. 1. Whereas, 
an act of congress, approved August 30, 1891, entitled an 
act to apply a portion of the proceeds of the public lands 
to the more complete endowment and support of the col- 
leges for the benefit of agriculture and the mechanic arts 
established under the provisions of an act of congress, ap- 
proved July 2, 1862, provides, among other things, that the 



SCHOOL LAW OF INDIANA. 451 

grants of moneys, anthorized by this act, are made subject 
to the legislative assent of the several states and terri- 
tories to the purpose of said grants : Provided, That the 
payments of such installments of the appropriation herein 
made, as shall become due to any state before the adjourn- 
ment of the regular session of the legislature meeting next 
after the passage of this act, shall be made upon the assent 
of the governor thereof, duly certified to the secretary of 
the treasury; therefore, 

Be it resolved by the state of Indiana, That the legisla- 
tive assent be, and the same is hereby, given to the purpose 
of said grant, and Purdue university is hereby designated 
as the agricultural college entitled to the said grant. 



[29] 



452 



SCHOOL LAW OF INDIANA. 



CHAPTER XXVII. 

TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE 
NORMAL SCHOOL. 



Sec. 

756. Amount of tax — Division. 

757. Permanent fund not affected. 



Sec. 

758. Repeal not to affect taxes then levied. 



[1903, p. 155. Approved and in force March 3, 1903.] 

756. Amount of tax — Division. 1. There shall he as- 
sessed and levied upon the taxable property of the state of 
Indiana in the year 1903, and in each year thereafter, for 
the use and benefit of the Indiana university, Purdue uni- 
versity, and the Indiana state normal school, to be appor- 
tioned as hereinafter in this act provided, a tax of two and 
three-fourths cents on every one hundred dollars of taxable 
property in Indiana, to be levied, assessed, collected and 
paid into the treasury of the state of Indiana, in like man- 
ner as other state taxes are levied, assessed, collected and 
paid. And so much of the proceeds of said levy as may be in 
the state treasury on the first day of July and the first day 
of January of each year shall be immediately thereafter 
paid over to the board of trustees of the respective institu- 
tions for which the tax was levied, to be distributed and ap- 
portioned among them severally upon the basis as follows, 
viz : To the said trustees of the Indiana university upon the 
basis of four-elevenths (4-11) of the total proceeds of this 
tax; to the trustees of Purdue university upon the basis 
of four-elevenths (4-11) of the total proceeds of this tax; 
and to the trustees of the Indiana state normal school upon 
the basis of three-elevenths (3-11) of the total proceeds of 
this tax, and the auditor of state of Indiana is hereby di- 
rected to draw proper warrants therefor, and on or before 
the tenth day of January and July of each year the trustees 
of the Indiana university, Purdue university, and the In- 
diana state normal school shall file, or cause to be filed, 
with the auditor of state a sworn and itemized statement 



SCHOOL LAW OF INDIANA, 



453 



of their receipts from all sources, including all tuition fees, 
and other revenues derived from students, contingent fees, 
interest from permanent endowment fund, the proceeds of 
the tax provided in this act, and all other receipts of every 
kind, character and description, together with a full, de- 
tailed, itemized and sworn statement of their expenditures 
for all purposes, including maintenance and permanent 
improvements, the amount paid each member of the faculty, 
trustees, all other officers of the institution, and file with 
such report a copy of the receipts for each separate item of 
the expenditures, it being the intention of this act that the 
reports hereinbefore provided for shall set out in full and 
in detail all expenditures of every kind, character and de- 
scription; and from and after this act is in force it shall 
be unlawful for the auditor of state to issue any warrant 
to the Indiana university, Purdue university, or the Indi- 
ana state normal school until they have filed their reports 
as required by this act. 

757. Permanent fund not affected. 2. Nothing in this 
act shall affect in any way any permanent fund that may 
belong to, or may have been appropriated for either the In- 
diana university, or Purdue university, named in this act: 
And provided, further, That no part of the general school 
revenue of the state shall be deducted or set apart to the 
state normal school fund. 

758. Repeal not to affect taxes then levied. 3. All laws 
and parts of laws in conflict with the provisions of this act 
be, and the same are, hereby repealed. Provided, however, 
That the right of said Indiana university, Purdue univer- 
sity, and the Indiana state normal school to the taxes here- 
tofore levied under the above mentioned and entitled act 
approved March 8, 1895, as amended by the above men- 
tioned and entitled act . approved March 4, 1899, is not 
hereby in anywise impaired but is preserved. 

1. The effect of the two preceding sections is to repeal section 4556, 
R. S. 1881, after the July apportionment of 1896; and to repeal, after the 



454 SCHOOL LAW OF INDIANA. ' 

fiscal year 1895-6, the appropriation of two thousand dollars provided in 
section 4558, R. S. 1881. 

2. These sections do not repeal sections 609 and 614, providing for 
an endowment fund for the state university; but it does repeal, after the 
fiscal year 1895-6, sections 4660 and 4661, R. S. 1881, making annual appro- 
priation for the university. 

3. Concerning county and city aid, see acts 1897, p. 42 ; and acts 
1899, p. 416; or R. S. 1901, §§ 6166d to 6166u. 



SCHOOL LAW OF INDIANA. 



455 



CHAPTER XXVIII. 

STATE LIBRARY. 



Sec. 




Sec. 


759. 
760. 


Management. 

Election of librarian — Term. 


769. 


761. 


Term of office — Bond. 


770. 


762. 


Library, when to be kept open. 


771. 


763. 


Preservation of state documents. 


772. 


764. 


Legislative papers, preservation. 


773. 


765. 


Exchanges. 




766. 


Misappropriation of books. 


774. 


767. 


Loan of books. 


775. 


768. 


Rules and regulations. 





Salaries — Reference librarian — Cata- 
loguer — Stenographer. 

Report of receipts and expenditures. 

Removal of librarian or assistants. 

Violation of tliis act, penalty. 

State library — Legislative reference de- 
partment. 

Reference librarian — Salary. 

Appropriation. 



[1903, p. 152. Approved February 28, 1903. In force April 23, 1903.1 

759. Management. 1. The management and control of 
the state library shall be vested in the state board of edu- 
cation, which shall constitute for library purposes the state 
library board. 

760. Election of librarian — Term. 2. The state library 
board shall, before the first day of April, 1905, elect a state 
librarian, whose term of office shall begin April 1, 1905, 
and who shall serve until his successor is elected by the 
said state library board. 

761. Term of office— Bond. 3. The term of office of the 
state librarian shall be two years and he shall appoint his 
assistants by and with the advice and approval of the state 
library board, and he shall, before entering upon his du- 
ties, give bond and security to the acceptance of the secre- 
tary of state, in the penal sum of two thousand dollars, 
which bond shall be filed with the secretary of state. 

762. Library, when to be kept open. 4. The library 
shall be kept open from 8 a. m. until 5 p. m. every day, 
except Sundays, legal holidays and such other days as the 
governor shall request all state offices to be closed. 

763. Preservation of state documents. 5. The librarian 
shall select from the journals and laws, whenever pub- 



456 SCHOOL LAW OF INDIANA. 

lished, five copies to be kept permanently for tlie library, 
and all other journals and reports shall be preserved for 
exchange purposes for the benefit of the library. 

764. Legislative papers, preservation. 6. The librarian 
shall receive and preserve in the most convenient and per- 
manent order all legislative papers delivered to him at the 
close of each session by the secretary of the senate and the 
clerk of the house. 

765. Exchanges. 7. The librarian may, with the con- 
sent of the state library board, exchange for the benefit of 
the library any duplicate, or any book not wanted in the 
library, or he may sell such duplicates or other books and 
shall turn all money thus received into the state treasury, 
taking the treasurer's receipt and filing the same in the 
office of auditor of state, who shall charge the same to the 
account of the treasurer of state for the use of the library. 
The librarian shall keep an accurate account of all such 
transactions, making the same a part of his next succeed- 
ing biennial report to the legislature, as hereinafter pro- 
vided for. 

766. Misappropriation of books. 8. If the librarian 
shall appropriate to his own use any book or books belong- 
ing to the state library or any proceeds of any exchange or 
sale of books, or knowingly make false reports thereof, he 
shall be deemed guilty of a misdemeanor and shall be fined 
not less than five nor more than one thousand dollars and 
shall forfeit and be deprived of his office. 

767. Loan of books. 9. Stich books belonging to the 
state library, other than reference books, as could be read- 
ily replaced, in case of loss, may be loaned to any citizen 
of the state, who shall jDlace such guarantee with the state 
librarian, for the safe return of the same, as the state 
library board may demand, and who shall pay the cost of 
transportation of the book or books to and from the bor- 



SCHOOL LAW OF INDIANA. 



457 



rower : Provided, That no book, that could not be readily 
replaced in case of loss, shall be removed from the state 
library except by state officials, and by them only in pur- 
suit of their official duty. 

768. Rules and regulations. 10. The library board shall 
formulate rules and regulations for the care and manage- 
ment of the library : Provided, That no rule or regulation 
formulated by said board shall in any way conflict with any 
of the provisions of this act. 

769. Salaries — Reference librarian — Cataloguer — Sten- 
ographer. 11. The salary of the state librarian shall be 
eighteen hundred dollars per year. He shall appoint a ref- 
erence librarian, whose salary shall be eleven hundred dol- 
lars per year, and a cataloguer, whose salary shall be eleven 
hundred dollars per year, and an assistant cataloguer and 
stenographer, whose salary shall be nine hundred dollars 
per year, and a messenger, whose salary shall be seven 
hundred and twenty dollars per year. 

770. Report of receipts and expenditures. 12. The li- 
brarian shall report at each session of the legislature as to 
the condition and needs of the library and the receipts and 
expenditures of money for the two tiscal years immedi- 
ately preceding the date of such report. 

771. Removal of librarian or assistants. 13. The state 
library board shall have power to remove for cause at any 
time the state librarian or any assistant or any employe of 
the state library. 

772. Violation of this act, penalty. 14. Any person 
guilty of a violation of any of the provisions of this act 
shall be deemed guilty of a misdemeanor, and shall, upon 
conviction thereof, be fined in the sum of twenty-five dol- 
lars. 

1. Note. Section 15 of the original act repeals all "laws now in force 
relative to the state library." 

2. Traveling libeabies. See section 392. 



458 SCHOOL LAW OF INDIANA. 

[1907, p. 236. Approved and in force March 9, 1907.] 

773. State library — Legislative reference department. 
1. There is hereby created a legislative reference depart- 
ment in the state library. It shall be the duty of such de- 
partment to collect for members of the general assembly 
information in regard to subjects of legislation, and to or- 
ganize and arrange such material so that it may be most 
readily used. It shall obtain and furnish to members of 
the general assembly, or other officers of the state gov- 
ernment, any data available regarding the laws of this and 
other states, and the working and results of such laws in 
actual practice, together with references to judicial deci- 
sions and interpretation upon such laws. It shall collect 
and make available such current information upon legis- 
lative subjects as will make all data upon subjects of pres- 
ent value. It shall be prepared to furnish to members of 
the general assembly, and under their instructions, such 
assistance as may be demanded in the preparation and 
formulation of legislative bills. 

774. Reference librarian — Salary. 2. The state librarian, 
by and with the advice and approval of the state library 
board, shall appoint a legislative reference librarian, at a 
salary of fifteen hundred dollars per year, and such other 
assistants as may be necessary to effectively carry on the 
work of such department. 

775. Appropriation. 3. There is hereby appropriated 
for the payment of the salaries of such legislative reference 
librarian and other assistants ; and of the expenses and cost 
of supplies and publications necessary to effectually carry 
out the provisions of this act, the sum of fifteen hundred 
dollars, to be available on April first, 1907, and the sum of 
four thousand dollars annually thereafter. 



APPENDIX 

CONSTITUTION OF THE STATE OF INDIANA 

1851 



HISTORICAL SKETCH 

By an act of congress, dated April 19, 1816, tlie inhabi- 
tants of the territory of Indiana were authorized to form 
for themselves a constitution and state government, which 
state, when formed, should be admitted into the union upon 
the same footing with the original states. 

Under this act, the members of the convention were 
elected on the second Monday of May, 1816, met in conven- 
tion, at Corydon, on the second Monday of June, 1816, and 
proceeded at once to form the constitution, by the authority 
of congress, without an ordinance of the territory. 

The constitution was completed on the twenty-ninth of 
June, 1816, unanimously adopted by the members of the 
convention — forty-three in number, and signed by all ex- 
cept one member from Clark county and one member from 
Warrick county. The constitution went into effect upon its 
adoption by the members of the convention which formed 
it. The first session of the general assembly, held by its 
authority, met at Corydon on the first Monday of Novem- 
ber, 1816. The constitution of 1816 remained in force, 
without amendment, until the first day of November, 1851. 

An act was passed January 15, 1849, ''to provide for 
taking the sense of the qualified voters of the state on the 
calling of a convention to alter, amend, or revise the con- 
stitution of this state. " At an election held under author- 

(459) 



460 APPENDIX. 

ity of this act a large majority of all the votes cast was in 
favor of holding the convention. 

On the 18th day of January, 1850, the legislature passed 
an act to provide for a convention of the people of the 
state of Indiana, ''to revise, amend, or alter the constitu- 
tion of said state. ' ' By the authority of this act delegates 
were elected. They assembled in convention at the capitol, 
in the city of Indianapolis, on the first Monday in October, 
1850, and completed their labors on the 10th day of Febru- 
ary, 1851. This constitution was ratified by the votes of 
the people. 

The first amendment to this constitution was ratified 
February 18, 1873, and related to the Wabash and Erie 
canal. Other amendments were adopted March 14, 1881. 



PREAMBLE. 



To the end that justice be established, public order main- 
tained, and liberty perpetuated: We, the people of the 
state of Indiana, grateful to Almighty God for the free 
exercise of the right to choose our own form of govern- 
ment, do ordain this constitution. 

ARTICLE I. 

BILL OF EIGHTS. 

Section 1. We declare that all men are created equal; 
that they are endowed by their creator with certain unalien- 
able rights ; that among these are life, liberty, and the pur- 
suit of happiness ; that all power is inherent in the people ; 
and that all free governments are, and of right ought to 
be, founded on their authority, and instituted for their 
peace, safety, and well being. For the advancement of' 
these ends, the people have at all times an indefeasible right 
to alter and reform their government. 

Sec. 2. All men shall be secured in their natural right 
to worship Almighty God according to the dictates of their 
own consciences. 



CONSTITTTTIOlSr OF THE STATE. 



461 



Sec. 3. No law shall, in any case whatever, control the 
free exercise and enjoyment of religious opinions, or inter- 
fere with the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any 
creed, religions society or mode of worship; and no man 
shall be compelled to attend, erect or support any place of 
worship, or to maintain any ministry against his consent. 

Sec. 5. No religions test shall be required as a qualifica- 
tion for any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for 
the benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a 
witness, in consequence of his. opinion on matters of re- 
ligion. 

Sec. 8. The mode of administering an oath or affirma- 
tion shall be such as may be most consistent with, and bind- 
ing upon, the conscience of the person to whom such oath 
or affirmation may be administered. 

Sec. 9. No law shall be passed restraining the free in- 
terchange of thought and opinion, or restricting the right 
to speak, write, or print, freely, on any subject whatever; 
but for the abuse of that right every person shall be re- 
sponsible. 

Sec. 10. In all prosecutions for libel, the truth of the 
matters alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their 
persons, houses, papers and effects, against unreasonable 
search or seizure shall not be violated, and no warrant shall 
issue, but upon probable cause, supported by oath or af- 
firmation, and particularly describing the place to be 
searched, and the person or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for 
injury done to him, in his person, property or reputation. 



462 APPENDIX. 

shall have remedy by due course of law. Justice shall be 
administered freely and without purchase ; completely, and 
without denial; speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall 
have the right to a public trial, by an impartial jury in the 
county in which the offense shall have been committed; to 
be heard by hi^nself and counsel ; to demand the nature and 
cause of the accusation against him, and to have a copy 
thereof; to meet the witness face to face, and to have com- 
pulsory process for obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the 
same offense. No person, in any criminal prosecution, shall 
be compelled to testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Exces- 
sive fines shall not be imposed. Cruel and unusual punish- 
ment shall not be inflicted. All penafties shall be propor- 
tioned to the nature of the offense. 

Sec. 17. Offenses, other than murder or treason, shall 
be bailable by sufficient sureties. Murder or treason shall 
not be bailable when the proof is evident, or the presump- 
tion strong. 

Sec. 18. The penal code shall be founded on the princi- 
ples of reformation, and not of vindictive justice. 

Sec. 19. In air criminal cases whatever, the jury shall 
have the right to determine the law and the facts. 

Sec. 20. In all civil cases the right of trial by jury shall 
remain inviolate. 

Sec. 21. No man's particular services shall be demanded 
without just compensation. No man's property shall be 
taken by law without just compensation ; nor, except in case 



CONSTITUTION OF THE STATE. 



463 



of the state, without such compensation first assessed and 
tendered. 

Sec. 22. The privilege of the debtor to enjoy the neces- 
sary comforts of life, shall be recognized by wholesome 
laws, exempting a reasonable amount of property from 
seizure or sale for the payment of any debt or liability 
hereafter contracted; and there shall be no imprisonment 
for debt, except in case of fraud. 

Sec. 23. The general assembly shall not grant to any 
citizen, or class of citizens, privileges or immunities which, 
upon the same terms, shall not equally belong to all citi- 
zens. 

Sec. 24. No ex post facto law, or law impairing the 
obligation of contract, shall ever be passed. 

Sec. 25. No law shall be passed, the taking effect of 
which shall be made to depend upon any authority, except 
as provided in this constitution. 

Sec. 26. The operation of the laws shall never be sus- 
pended, except by the authority of the general assembly. 

Sec. 27. The privileges of the writ of habeas corpus 
shall not be suspended, except in case of rebellion or inva- 
sion, and then only if the public safety demand it. 

Sec. 28. Treason against the state shall consist only in 
levying war against it, and giving aid and comfort to its 
enemies. 

Sec. 29. No person shall be convicted of treason, except 
on the testimony of two witnesses to the same overt act, or 
upon his confession in open court. 

Sec. 30. No conviction shall work corruption of blood or 
forfeiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants of 
the state from assembling together, in a peaceable manner, 



464 APPENDIX. 

to consult for their common good; nor from instructing 
their representatives ; nor from applying to the general as- 
sembly for redress of grievances. 

Sec. 32. The people shall have a right to bear arms for 
the defense of themselves and the state. 

Sec. 33. The military shall be kept in strict subordina- 
tion to the civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner ; nor in time 
of war but in a manner to be prescribed by law. 

Sec. 35. The general assembly shall not grant any title 
of nobility, nor confer hereditary distinctions. 

Sec. 36. Emigration from the state shall not be pro- 
hibited. 

Sec. 37. There shall be neither slavery nor involuntary 
servitude, within the state, otherwise than for the punish- 
ment of crime, whereof the party shall have been duly con- 
victed. No indenture of any negro or mulatto, made or 
executed out of the bounds of the state, shall be valid within 
the state. 

ARTICLE II. 

SUFFRAGE AND ELECTION. i 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by 
this constitution, every male citizen of the United States, 
of the age of twenty-one years and upwards, who shall have 
resided in the state during the six months, and in the town- 
ship sixty days, and in the ward or precinct thirty days im- 
mediately preceding such election; and every male of for- 
eign birth, of the age of twenty-one years and upwards, 
who shall have resided in the United States one year, and 
shall have resided in this state during the six months, and 
in the township sixty days, and in the ward or precinct 



CONSTITUTION OF THE STATE. 465 

thirty days, immediately preceding such election, and shall 
have declared his intention to become a citizen of the 
United States, conformably to the laws of the United States 
on the subject of naturalization, shall be entitled to vote 
in the township or precinct where he may reside, if he shall 
have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the army or 
navy of the United States, or their allies, shall be deemed 
to have acquired a residence in this state in consequence 
of having been stationed within the same; nor shall any 
such soldier, seaman or marine, have the right to vote. 

Sec. 4. No person shall be deemed to have lost his resi- 
dence in the state by reason of his absence either on busi- 
ness of the state or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of 
March 24, 1881.] 

Sec. 6. Every person shall be disqualified from holding- 
office during the term for which he may have been elected, 
who shall have given or offered a bribe-, threat or reward 
to procure his election. 

Sec. 7. Every person who shall give or accept a chal- 
lenge to fight a duel, or who shall knowingly carry to an- 
other person such challenge, or who shall agree to go out 
of the state to fight a duel, shall be ineligible to any office 
of trust or profit. 

Sec. 8. The general assembly shall have power to de- 
prive of the right of suffrage, and to render ineligible any 
person convicted of an infamous crime. 

Sec. 9. No person holding a lucrative office or appoint- 
ment, under the United States, or under this state, shall be 
eligible to a seat in the general assembly; nor shall any 
person hold more than one lucrative office at the same time, 
except as in this constitution expressly permitted: Pro- 
vided, That offices in the militia, to which there is attached 



466 APPENDIX. 

no annual salary,, and the office of deputy postmaster, 
where the compensation does not exceed ninety dollars per 
annum, shall not be deemed lucrative : And provided, also. 
That counties containing less than one thousand polls may 
confer the office of clerk, recorder and auditor, or any two 
of said offices, upon the same person. 

Sec. 10. No person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of 
trust or profit until he shall have accounted for and paid 
over, according to law, all sums for which he may be liable. 

Sec. 11. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain 
number of years continuously, an appointment pro tempore 
shall not be reckoned a part of that term. 

Sec. 12. In all cases, except treason, felony and breach 
of the peace, electors shall be free from arrest in going to 
elections, during their attendance there, and in returning 
from the same. 

Sec. 13. All elections by the people shall be by ballot; 
and all elections by the general assembly, or by either 
branch thereof, shall be viva voce. 

'Sec. 14. All general elections • shall be held on the first 
Tuesday after the first Monday in November ; but township 
elections may be held at such time as may be provided by 
law: Provided, That the general assembly may provide 
by law for the election of all judges of courts of general 
or appellate jurisdiction, by an election to be held for such 
officers only, at which time no other officer shall be voted 
for; and shall also provide for the registration of all per- 
sons entitled to vote. 



CONSTITUTION OF THE STATE. 467 



ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the government are divided 
into three separate departments : the legislative, the execu- 
tive (including the administrative), and the judicial; and 
no person charged with official duties under one of these 
departments shall exercise any of the functions of another 
except as in this constitution expressly provided. 

ARTICLE IV. 

LEGISLATIVE. 

Section 1. The legislative authority of the state shall be 
vested in a general assembly, which shall consist of a sen- 
ate and house of representatives. The style of every law 
shall be, ''Be it enacted by the general assembly of the 
state of Indiana;" and no law shall be enacted except by 
bill. 

Sec. 2. The senate shall not exceed fifty, nor the house 
of representatives one hundred members; and they shall 
be chosen by the electors of the respective counties or dis- 
tricts into which the state may, from time to time, be di- 
vided. 

Sec. 3. Senators shall be elected for the term of four 
years, and representatives for the term of two years, from 
the day next after their general election: Provided, how- 
ever, That the senators elect, at the second meeting of the 
general assembly under this constitution, shall be divided, 
by lot, into two equal classes, as nearly as may be ; and the 
seats of senators of the first class shall be vacated at the 
expiration of two years, and those of the second class at the 
expiration of four years; so that one-half, as nearly as 
possible, shall be chosen biennially forever thereafter. 
And in case of increase in the number of senators, they 
shall be so annexed by lot, to the one or the other of the 
two classes, as to keep them as nearly equal as practicable. 

[30] 



468 ■ APPENDIX. 

Sec. 4. The general assembly shall, at its second ses- 
sion after the adoption of this constitution, and every sixth 
year thereafter, cause an enumeration to be made of all 
the male inhabitants over the age of twenty-one years. 

Sec. 5. The number of senators and representatives 
shall, at the session next following each period of making 
such enumeration, be fixed by law, and apportioned among 
the several counties, according to the number of male in- 
habitants, above twenty-one years of age, in each: Pro- 
vided, That the first and second elections of members of the 
general assembly, under this constitution, shall be accord- 
ing to the apportionment last made by the general assem- 
bly before the adoption of this constitution. 

Sec. 6. A senatorial or representative district, where 
more than one county shall constitute a district, shall be 
composed of contiguous counties ; and no county, for sena- 
torial apportionment, shall ever be divided. 

Sec. 7. No person 'shall be a senator or a representative, 
who, at the time of his election, is not a citizen of the 
.United States; nor any one who has not been, for two 
years next preceding his election, an inhabitant of this 
state, and for one year next preceding his election, an in- 
habitant of the county or district whence he may be chosen. 
Senators shall be at least twenty-five, and representatives 
at least twenty-one years of age. 

Sec. 8. Senators and representatives, in all cases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the general assembly, and 
in going to and returning from the same ; and shall not be 
subject to any civil process during the session of the gen- 
eral assembly, nor during the fifteen days next before the" 
commencement thereof. For any speech or debate in either 
house, a member shall not be questioned in any other place. 

Sec. 9. The sessions of the general assembly shall be 
held biennially, at the capital of the state, commencing on 



CONSTITUTIOlSr OF THE STATE. 



469 



the Thursday next after the first Monday of January, in 
the year one thousand eight hundred and fifty-three, and on 
the same day of every second year thereafter, unless a dif- 
ferent day or place shall have been appointed by law. But 
if, in the opinion of the governor, the public welfare shall 
require it, he may, at any time, by proclamation call a spe- 
cial session. 

Sec. 10. Each house, when assembled, shall choose its 
own officers (the president of the senate excepted), judge 
the elections, qualifications and returns of its own mem- 
bers, determine its rules of proceeding, and sit upon its 
own adjournment. But neither house shall, without the 
consent of the other, adjourn for more than three days, nor 
to any place other than that in which it may be sitting. 

Sec. 11. Two-thirds of each house shall constitute a 
quorum to do business ; but a smaller number may meet, ad- 
journ from day to day, and compel the attendance of absent 
members. A quorum being in attendance, if either house 
fail to effect an organization within the first five days there- 
after, the members of the house so failing shall be entitled 
to no compensation from the end of the said five days, 
until an organization shall have been effected. 

Sec. 12. Each house shall keep a journal of its proceed- 
ings, and publish the same. The yeas and nays, on any 
question, shall, at the request of any two members, be en- 
tered, together with the names of the members demanding 
the same, on the journal: Provided, That on a motion to 
adjourn, it shall require one-tenth of the members present 
to order the yeas and nays. 

Sec. 13. The doors of each house, and of committees of 
the whole, shall be kept open, except in such cases as, in 
the opinion of either house, may require secrecy. 

Sec. 14. Either house may punish its members for dis- 
orderly behavior, and may, with the concurrence of two- 



470 APPENDIX. 

thirds, expel a member; but not a second time for the same 
cause. 

Sec. 15. Either house, during its session, may punish, by- 
imprisonment, any person not a member, who shall have 
been guilty of disrespect to the house, by disorderly or con- 
temptuous behavior in its presence ; but such imprisonment 
shall not, at any time, exceed twenty-four hours. 

Sec. 16. Each house shall have all powers necessary for 
a branch of the legislative department of a free and in- 
dependent state. 

Sec. 17. Bills may originate in either house, but may be 
amended or rejected in the other, except that bills for rais- 
ing revenue shall originate in the house of representatives. 

Sec. 18. Every bill shall be read by sections, on three 
several days in each house; unless, in case of emergency, 
two-thirds of the house where such bill may be depending 
shall, by a vote of yeas and nays, deem it expedient to dis- 
pense with this rule ; but the reading of a bill by sections, 
on its final passage, shall in no case be dispensed with : and 
the vote on the passage of every bill or joint resolution 
shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and 
matters properly connected therewith; which subject shall 
•be expressed in the title. But if any subject shall be em- 
braced in an act, which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall 
not be expressed in the title. 

Sec. 20. Every act and joint resolution shall be plainly 
worded, avoiding, as far as practicable, the use of technical 
terms. 

Sec. 21. No act shall ever be revised or amended by 
mere reference to its title; but the act revised, or section 
amended, shall be set forth and published at full length. 



CONSTITUTION OF THE STATE. 471 

Sec. 22. The general assembly shall not pass local or 
special laws in any of the following ennmerated cases, that 
is to say: 

Eegulating the jurisdiction and duties of justices of the 
peace and of constables ; 

For the punishment of crimes and misdemeanors; 

Eegulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal 
cases ; 

Granting divorces; 

Changing the names of persons ; 

For laying out, opening and working on, highways, and 
for the election or appointment of supervisors ; 

Vacating roads, town plats, streets, alleys and public 
squares ; 

Summoning and impaneling grand and petit juries, and 
providing for their compensation; 

Regulating county and township business ; 

Eegulating the election of county and township officers, 
and their compensation; 

For the assessment and collection of taxes for state, 
county, township or road purposes ; 

Providing for supporting common schools, and for the 
preservation of school funds ; 

In relation to fees or salaries ; except that the laws may 
be so made as to grade the compensation of officers in pro- 
portion to the population and the necessary services re- 
quired ; 

In relation to interest on money ; - . 



472 APPENDIX, 

Providing for opening and conducting elections of state, 
county or township officers, and designating the places of 
voting ; 

Providing for the sale of real estate belonging to minors, 
or other persons laboring under legal disabilities, by execu- 
tors, administrators, guardians or trustees. 

Sec. 23. In all the cases enumerated in the preceding 
section, and in all other cases where a general law can be 
made applicable, all laws shall be general and of uniform 
operation throughout the state. 

Sec. 24. Provisions may be made by general law, for 
bringing suits against the state, as to all liabilities originat- 
ing after the adoption of this constitution 5 but no special 
act authorizing such suit to be brought, or making compen- 
sation to any person claiming damages against the state, 
shall ever be passed. 

Sec. 25. A majority of all the members elected to each 
house shall be necessary to pass every bill or joint resolu- 
tion; and all bills and joint resolutions so passed shall be 
signed by the presiding officers of the respective houses. 

Sec. 26. Any member of either house shall have the 
right to protest, and to have his protest, with his reasons 
for dissent, entered on the journal. 

Sec. 27. Every statute shall be a public law, unless 
otherwise declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall 
have been published and circulated in the several counties 
of this state, by authority, except in case of emergency; 
which emergency shall be declared in the preamble or in the 
body of the law. 

Sec. 29. The members of the general assembly shall re- 
ceive for their services a compensation, to be fixed by law; 
but no increase of compensation shall take effect during 



CONSTITUTION OF THE STATE. 473 

the session at which such increase may be made. No ses- 
sion of the general assembly, except the first under this 
constitution, shall extend beyond the term of sixty-one days, 
nor any special session beyond the term of forty days. 

Sec. 30. No senator or representative shall, during the 
term for which he may have been elected, be eligible to any 
office, the election to which is vested in the general assem- 
bly, nor shall he be appointed to any civil office of profit, 
which shall have been created, or the emoluments of which 
shall have been increased, during such term; but this lat- 
ter provision shall not be construed to apply to any office 
elective by the people. 

ARTICLE V. 

EXECUTIVE. 

Section 1. The executive powers of the state shall be 
vested in a governor. He shall hold his office during four 
years, and shall not be eligible more than four years in any 
period of eight years. 

Sec. 2. There shall be a lieutenant-governor, who shall 
hold his office during four years. 

Sec. 3.» The governor and lieutenant-governor shall be 
elected at the times and places of choosing members of the 
general assembly. 

Sec. 4. In voting for governor and lieutenant-governor 
the electors shall designate for whom they vote as gov- 
ernor, and for whom as lieutenant-governor. The returns 
of every election for governor and lieutenant-governor shall 
be sealed up and transmitted to the seat of government, di- 
rected to the speaker of the house of representatives, who 
shall open and publish them in the presence of both houses 
of the general assembly. 

Sec. 5. The persons, respectively, having the highest 
number of votes for governor and lieutenant-governor, 



474 APPENDIX. 

shall be elected ; but in case two or more persons shall have 
an equal and the highest number of votes for either office, 
the general assembly shall, by joint vote, forthwith pro- 
ceed to elect one of the said persons governor or lieutenant- 
governor, as the case may be. 

Sec. 6. Contested elections for governor or lieutenant- 
governor shall be determined by the general assembly, in 
such manner as may be prescribed by law. 

Sec. 7. No person shall be eligible to the office of gov- 
ernor or lieutenant-governor, who shall not have been five 
years a citizen of the United States, and also a resident of 
the state of Indiana during the five years next preceding 
his election ; nor shall any person be eligible to either of the 
said offices who shall not have attained the age of thirty 
years. 

Sec. 8. No member of congress, or person holding any 
office under the United States, or under this state, shall fill 
the office of governor or lieutenant-governor. 

Sec. 9. The official term of the governor or lieutenant- 
governor shall commence on the second Monday of Janu- 
ary, in the year one thousand, eight hundred and fifty-three ; 
and on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the governor from 
office, or of his death, resignation or inability to discharge 
the duties of the office, the same shall devolve on the lieu- 
tenant-governor ; and the general assembly shall, by law, 
provide for the case of removal from office, death, resig- 
nation, or inability, both of the governor and lieutenant- 
governor, declaring what officer then shall act as governor ; 
and such officer shall act accordingly until the disability be 
removed or a governor be elected. 

Sec. 11. Whenever the lieutenant-governor shall act as 
governor, or shall be unable to attend as president of the 
senate, the senate shall elect one of its own members as 
president for the occasion. 



COlSrSTITTJTION OF THE STATE. 475 

Sec. 12. The governor shall be commander-in-chief of 
the military and naval forces, and may call ont such forces 
to execute the laws, or to suppress insurrection, or to repel 
invasion. 

Sec. 13. He shall, from time to time, give to the general 
assembly information touching the condition of the state, 
and recommend such measures as he shall judge to be ex- 
pedient. 

Sec. 14. Every bill which shall have passed the general 
assembly shall be presented to the governor; if he approve, 
he shall sign it, but if not, he shall return it, with his ob- 
jections, to the house in which it shall have originated, 
which house shall enter the objections at large upon its 
journals and proceed to reconsider the bill. If, after such 
reconsideration, a majority of all the members elected to 
that house shall agree to pass the bill, it shall be sent, with 
the governor's objections, to the other house, by which it 
shall, likewise be reconsidered, and if approved by a ma- 
jority of all the members elected to that house, it shall be a 
law. If any bill shall not be returned by the governor 
within three days, Sundays excepted, after it shall have 
been presented to him, it shall be a law without his signa- 
ture, unless the general adjournment shall prevent its re- 
turn, in which case it shall be a law unless the governor, 
within five days next after such adjournment, shall file such" 
bill, with his objections thereto, in the office of the secretary 
of state, who shall lay the same before the general assembly 
at its next session in like manner as if it had been returned 
by the governor. But no bill shall be presented to the gov- 
ernor within two days next previous to the final adjourn- 
ment of the general assembly. 

Sec. 15. The governor shall transact all necessary busi- 
ness with the officers of government, and may require any 
information in writing from the officers of the adminis- 
trative department, upon any subject relating to the duties 
of their respective offices. 



476 APPENDIX. 

Sec. 16. He shall take care tliat tiie laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, 
commutations and pardons, after conviction, for all offenses 
except treason and cases of impeachment, subject to such 
regulations as may be provided by law. Upon conviction 
for treason, he shall have power to suspend the execution of 
the sentence until the case shall be reported to the general 
assembly at" its next meeting, when the general assembly 
shall either grant a pardon, commute the sentence, direct 
the execution of the sentence, or grant a further reprieve. 
He shall have power to remit fines and forfeitures, under 
such regulations as may be prescribed by law, and shall 
report to the general assembly, at its next meeting, each 
case of reprieve, commutation, or pardon granted, and also 
the names of all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several 
amounts remitted : Provided, however. That the general 
assembly may, by law, constitute a council, to be composed 
of officers of state, without whose advice and consent the 
governor shall not have power to grant pardons, in any 
case, except such as may, by law, be left to his sole power. 

Sec. 18. When, during a recess of the general assembly, 
a vacancy shall happen in any office, the appointment to 
which is vested in the general assembly, or when, at any 
time, a vacancy shall have occurred in any other state office, 
or in the office of judge of any court, the governor shall 
fill such vacancy by appointment, which shall expire when a 
successor shall have been elected and qualified. 

• Sec. 19. He shall issue writs of election to fill such va- 
cancies as may have occurred in the general assembly. 

Sec. 20. Should the seat of government become danger- 
ous from disease or a common enemy, he may convene the 
general assembly at any other place. 

Sec. 21. The lieutenant-governor shall, by virtue of his 
office, be president of the senate, have a riglit, when in 



CONSTITUTION OF THE STATE. 



477 



committee of the whole, to join in debate, and to vote on all 
subjects, and, whenever the senate shall be equally divided, 
he shall give the casting vote. 

Sec. 22. The governor shall, at stated times, receive for 
his services a compensation which shall neither be increased 
nor diminished during the term for which he shall have 
been elected. 

Sec. 23. The lieutenant-governor, while he shall act as 
president of the senate, shall receive for his services the 
same compensation as the speaker of the house of repre- 
sentatives; and any person acting as governor shall re- 
ceive the compensation attached to the office of governor. 

Sec. 24. Neither the governor nor lieutenant-governor 
shall be eligible to any other office during the term for 
which he shall have been elected. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the 
state, a secretary, an auditor, and a treasurer of state, who 
shall severally hold their offices for two years. They shall 
perform such duties as may be enjoined by law; and no 
person shall be eligible to either of said offices more than 
four years in any period of six years. 

Sec. 2. There shall be elected in each county, by the 
voters thereof, at the time of holding general elections, a 
clerk of the circuit court, auditor, recorder, treasurer, sher- 
itf, coroner and surveyor. The clerk, auditor and recorder 
shall continue in office four years ; and no person shall be 
eligible to the office of clerk, recorder or auditor more than 
eight years in any period of twelve years. The treasurer, 
sheriff, coroner and surveyor, shall continue in office two 
years ; and no person shall be eligible to the office of treas- 
urer or sheriff more than four years in any period of six 
years. 



478 APPENDIX. 

Sec. 3. Such other county and township officers as may 
be necessary, shall be elected or appointed, in such manner 
as may be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a 
county officer, who shall not be an elector of the county; 
nor any one who shall not have been an inhabitant thereof 
during one year next preceding his appointment, if the 
county shall have been so long organized; but if the coimty 
shall not have been so long organized, then within the limits 
of the county or counties out of which the same shall have 
been taken. 

Sec. 5. The governor, and the secretary, auditor and 
treasurer of state, shall, severally, reside and keep the pub- 
lic records, books and papers, in any manner relating to the 
respective offices^ at the seat of government. 

Sec. 6. All county, township and town officers shall re- 
side within their respective counties, townships and towns, 
and shall keep their respective offices at such places therein, 
and perform such duties as may be directed by law. 

Sec. 7. All state officers shall, for crime, incapacity or 
negligence, be liable to be removed from office, either by 
impeachment by the house of representatives, to be tried 
by the senate, or by a joint resolution of the general assem- 
bly ; two-thirds of the members elected to each branch vot- 
ing, in either case, therefor. 

Sec. 8. All state, county, township and town officers may 
be impeached, or removed from office in such manner as 
may be prescribed by law. 

Sec. 9. Vacancies in county, township and town offices 
shall be filled in such manner as may be prescribed by law. 

Sec. 10. The general assembly may confer upon the 
boards doing county business in the several counties, pow- 
ers of a local administrative character. 



CONSTITUTION OF THE STATE. 



ARTICLE VII. 



479 



Section 1. The judicial power of the state shall be vested 
in a supreme court, in circuit courts, and in such other 
courts as the general assembly may establish. 

Sec. 2. The supreme "court shall consist of not less than 
three, nor more than five judges ; a majority of whom shall 
form a quorum. They shall hold their offices for six years, 
if they so long behave well. 

Sec. 3. The state shall be divided into as many districts 
as there are judges of the supreme court, and such districts 
shall be formed of contiguous territory, as nearly equal in 
population as, without dividing a county, the same can be 
made. One of said judges shall be elected from each dis- 
trict, and reside therein ; but said judge shall be elected by 
the electors of the state at large. 

Sec. 4. The supreme court shall have jurisdiction, co-ex- 
tensive with the limits of the state, in appeals and writs of 
error, under such regulations and restrictions as may be 
prescribed by law. It shall also have such original juris- 
diction as the general assembly may confer. 

Sec. 5. The supreme court shall, upon the decision of 
every case, give a statement in writing of each question 
arising in the record of such case, and the decision of the 
court thereon. 

Sec. 6. The general assembly shall provide by law for 
the speedy x)ublication of the decisions of the supreme 
court, made under this constitution, but no judge shall be 
allowed to report such decision. 

Sec. 7. There shall be elected by the voters of the state, 
a clerk of the supreme court, who shall hold his office four 
years, and whose duties shall be prescribed by law. 



480 APPENDIX. 

Sec. 8. The circuit courts shall each consist of one 
judge, and shall have such civil and criminal jurisdiction 
as may be prescribed by law. 

Sec. 9. The state shall, from time to time, be divided 
into judicial circuits, and a judge for each circuit shall be 
elected by the voters thereof. He shall reside within the 
circuit, and shall hold his office for the term of six years, 
if he so long behave well. 

Sec. 10. The general assembly may provide, by law, that 
the judge of one circuit may hold the courts of another cir- 
cuit, in cases of necessity or convenience; and in case of 
temporary inability of any judge, from sickness or other 
cause, to hold the courts in his circuit, provisions may be 
made, by law, for holding such courts. 

Sec. 11. There shall be elected, in each judicial circuit, 
by the voters thereof, a prosecuting attorney, who shall 
hold his office for two years. 

Sec. 12. Any judge or prosecuting attorney, who shall 
have been convicted of corruption or other high crime, may, 
on information in the name of the state, be removed from 
office by the supreme court, or in such other manner as may 
be prescribed by law. 

Sec. 13. The judges of the supreme court and circuit 
courts shall, at stated times, receive a compensation, which 
shall not be diminished during their continuance in office. 

Sec. 14. A competent number of justices of the peace 
shall be elected by the voters in each township in the sev- 
eral counties. They shall continue in office four years, and 
their powers and duties shall be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of the 
jDeace in their respective jurisdictions. 

Sec. 16. No person elected to any judicial office shall, 
during the term for which he shall have been elected, be 



CONSTITUTION OF THE STATE. 



481 



eligible to any office of trust or profit under tlie state, other 
than a judicial office. 

Sec. 17. The general assembly may modify or abolish 
the grand jury system. 

Sec. 18. All criminal prosecutions shall be carried on in 
the name, and by the authority of the state ; and the style of 
all processes shall be ' ' The- state of Indiana. ' ' 

Sec. 19. Tribunals of conciliation may be established, 
with such powers and duties as shall be prescribed by law ; 
or the powers and duties of the same may be conferred 
upon other courts of justice; but such tribunals or other 
courts, when sitting as such, shall have no power to render 
judgment to be obligatory on the parties unless they volun- 
tarily submit their matters of difference and agi»ee to abide 
the judgment of such tribunal or court. 

Sec. 20. The general assembly, at its first session after 
the adoption of this constitution, shall provide for the ap- 
pointment of three commissioners, whose duty it shall be 
to revive, simplify and abridge the rules, practice, plead- 
ings and forms of the courts of justice,. And they shall 
provide for abolishing the distinct forms of action at law 
now in use; and that justice shall be administered in a 
uniform mode of pleading, without distinction between law 
and equity. And the general assembly may, also, make it 
the duty of said commissioners to reduce into a systematic 
code the general statute law of the state ; and said commis- 
sioners shall report the result of their labors to the gen- 
eral assembly, with such recommendations and suggestions, 
as to the abridgment and amendment, as to said commis- 
sioners may seem necessary or proper. Provision shall be 
made by law for filling vacancies, regulating the tenure 
of office and the compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all 
courts of justice. 



482 APPENDIX. 

ARTICLE VIII. 

EDUCATION. 

Section 1. Knowledge and learning generally diffused 
throughout a community, being essential to the preserva- 
tion of a free government, it shall be the duty of the gen- 
eral assembly to encourage, by all suitable means, moral, 
intellectual, scientific and agricultural improvement, and 
to provide by law for a general and uniform system of com- 
mon schools, wherein tuition shall be without charge, and 
equally open to all. 

Sec. 2, The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto : 

The surplus revenue fund; 

The salitie fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one 
hundred and fourteenth section of the charter of the state 
bank of Indiana ; 

The fund to be derived from the sale of county semi- 
naries, and the moneys and property heretofore held for 
such seminaries ; from the fines assessed for breaches of 
the penal laws of the state ; and from all forfeitures which 
may accrue; 

All lands and other estate which shall escheat to the 
state for want of heirs or kindred entitled to the inherit- 
ance; 

All lands that have been or may hereafter be granted to 
the state, where no special purpose is expressed in the 
grant, and the proceeds of the sales thereof; including the 
proceeds of the sales of the swamp lands grauted to the 
state of Indiana by the act of congress, of the 28th of Sep- 
tember, 1850, after deducting the expense of selecting and 
draining the same; 

Taxes on the property of corporations that may be as- 
sessed by the general assembly for common school pur- 
poses. 



CONSTITUTIOlSr OF THE STATE. 



483 



Sec. 3. The principal of the common school fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished; and the income thereof shall be in- 
violably appropriated .to the support of common schools, 
and to no other purpose whatever. 

Sec. 4. The general assembly shall invest, in some safe 
and profitable manner, all such portions of the common 
school fund as have not heretofore been entrusted to the 
several counties ; and shall make provisions, by law, for the 
distribution, among the several counties, of the interest 
thereof. 

Sec. 5. If any county shall fail to demand its proportion 
of such interest for common school purposes, the same shall 
be reinvested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for the 
preservation of so much of the said fund as may be en- 
trusted to them, and for the payment of the annual interest 
thereon. 

Sec. 7. All trust funds held by the state shall remain 
inviolate, and be faithfully and exclusively applied to the 
purposes for which the trust was created. 

Sec. 8. The general assembly shall provide for the elec- 
tion, by the voters of the state, of a state superintendent 
of public instruction, who shall hold his office for two years, 
and whose duties and compensation shall be prescribed by 
law. 

ARTICLE IX. 

STATE INSTITUTIOIsrS. 

Section 1. It shall be the duty of the general assembly 
to provide by law for the support of institutions for the 
education of the deaf and dumb, and of the blind; and, 
also, for the treatment of the insane. 

Sec. 2. The general assembly shall provide houses of 
refuge for the correction and reformation of juvenile of- 
fenders. 

[31] 



484 APPENDIX, 

Sec. 3. The county boards shall have power to provide 
farms as an asylum for those persons who, by reason of 
age, infirmity, or other misfortune, have claims upon the 
sympathies and aid of society. 

ARTICLE X. 

FINANCE. 

Section 1. The general assembly shall provide, by law, 
for a uniform and equal rate of assessment and taxation; 
and shall prescribe such regulations as shall secure a just 
valuation for taxation of all property, both real and per- 
sonal, excepting such only for municipal, educational, lit- 
erary, scientific, religious or charitable purposes, as may 
be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of 
the public works belonging to the state, and from the net 
annual income thereof, and any surplus that may, at any 
time, remain in the treasury derived from taxation for gen- 
eral state purposes, after the payment of the ordinary ex- 
penses of the government, and of the interest on bonds of 
the state, other than bank bonds, shall be annually applied, 
under the direction of the general assembly, to the payment 
of the principal of the public debt. 

Sec. 3. No money shall be drawn from the treasury 
but in pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and ex- 
penditures of the public money shall be published with the 
laws of each regular session of the general assembly. 

Sec. 5. No law shall authorize any debt to be contracted, 
on behalf of the state, except in the following cases: To 
meet casual deficits in the revenue; to pay the interest on 
the state debt ; to repel invasion, suppress insurrection, or, 
if hostilities be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incor- 
porated company, unless the same be paid for at the time 



CONSTITUTION OF THE STATE. 485 

of sucli subscription; nor shall any county loan its credit 
to any incorporated company, nor borrow money for the 
purpose of taking stock in any such company; nor shall 
the general assembly ever, on behalf of the state, assume 
the debts of any county, city, town or township, nor of any 
corporation whatever. 

Sec. 7. No law or resolution shall ever be passed by the 
general assembly of the state of Indiana that shall recog- 
nize any liability of this state to pay or redeem any cer- 
tificate of stock issued in pursuance of an act entitled '^An 
act to provide for the funded debt of the state of Indiana, 
and for the completion of the Wabash and Erie Canal to 
Evansville, " passed January 19, 1846, and an act supple- 
mental to said act, passed January 29, 1847, which by the 
provisions of the said acts, or either of them, shall be pay- 
able exclusively from the proceeds of the canal lands, and 
the tolls and revenues of the canal in said acts mentioned; 
and no such certificates of stocks shall ever be paid by this 
state. 

[Note. — Agreed to by a majority of the members elected to each of 
the two houses of the general assembly, regular session of 1871, and re- 
ferred to the general assembly to be chosen at the next general election. 
Agreed to by a majority of the members elected to each house of the gen- 
eral assembly, special session of 1872. Submitted to the electors of the 
state by an act approved January 28, 1873. Ratified by a majority of the 
electors, at an election held on the 18th day of February, 1873. Declared 
a part of the constitution by proclamation of Thomas A. Hendricks, gov- 
ernor, dated March 7, 1873.] 

ARTICLE XI. 

CORPORATION. 

Section 1. The general assembly shall not have power 
to establish, or incorporate any bank or banking company, 
or moneyed institution, for the purpose of issuing bills of 
credit, or bills payable to order or bearer, except under the 
conditions prescribed in this constitution. 

Sec. 2. No bank shall be established otherwise than un- 
der a general banking law, except as provided in the fourth 
section of this article. 



486 APPENDIX. 

Sec. 3. If the general assembly shall enact a general 
banking law, such law shall provide for the registry and 
countersigning, by an officer of state, of all paper credit 
designed to be circulated as money; and ample collateral 
security, readily convertible into specie, for the redemp- 
tion of the same in gold or silver, shall be required ; which 
collateral security shall be under the control of the proper 
officer or officers of the state. 

Sec. 4. The general assembly may also charter a bank 
with branches, without collateral security, as required in 
the preceding section. 

Sec. 5. If the general assembly shall establish a bank 
with branches, the branches shall be mutually responsible 
for each other's liabilities, upon all paper credit issued 
as money. 

Sec. 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over 
and above their stock, equal to their respective shares of 
stock, for all debts or liabilities of said bank or banking 
company. 

Sec. 7. All bills or notes issued as money shall be, at all 
times, redeemable in gold or silver; and no law shall be 
passed, sanctioning, directly or indirectly, the suspension, 
by any bank or banking company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other cred- 
itors. 

Sec. 9. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by law to in- 
dividuals loaning money. 

Sec. 10. Every bank, or banking company, shall be re- 
quired to cease all banking operations within twenty years 
from the time of its organization, and promptly thereafter 
to close its business. 



CONSTITUTION OF THE STATE. 



487 



Sec. 11. The general assembly is not prohibited from in- 
vesting the trust funds in a bank with branches; but in 
case of such investment, the safety -of the same shall be 
guaranteed by unquestionable security. 

Sec. 12. The state shall not be a stockholder in any 
bank, after the expiration of the present bank charter ; nor 
shall the credit of the state ever be given, or loaned, in aid 
of any person, association, or corporation, nor shall the 
state hereafter become a stockholder in any corporation or 
association. 

Sec. 13. Corporations, other than banking, shall not be 
created by special act, but may be formed under general 
laws. 

Sec. 14. Dues from corporations, other than banking, 
shall be secured by such individual liability of the corpor- 
ators, or other means, as may be prescribed by law. 

ARTICLE XII. 
MILITIA. 

Section 1. The militia shall consist of all able-bodied 
white male persons between the ages of eighteen and forty- 
five years, except such as may be exempted by the laws of 
the United States, or of this state; and shall be organized, 
officered, armed, equipped and trained in such manner as 
may be provided by law. 

Sec. 2. The governor shall appoint the adjutant, quar- 
termaster and commissary generals. 

Sec. 3. All militia officers shall be commissioned by the 
governor, and shall hold their offices not longer than six 
years. 

Sec. 4. The general assembly shall determine the meth- 
od of dividing the militia into divisions, brigades, regi- 
ments, battalions and companies, and fix the rank of all 
staff officers. 



488 APPENDIX. 

Sec. 5. The militia may be divided into classes of seden- 
tary and active militia in such manner as shall be pre- 
scribed by law. 

Sec. 6. No person conscientiously opposed to bearing 
arms shall be compelled to do militia duty ; but such person 
shall pay an equivalent for exemption; the amount to be 
prescribed by law. 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL OOEPORATIONS. 

Section 1. No political or municipal corporations in this 
state shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable property within such cor- 
poration, to be ascertained by the last assessment for state 
and county taxes, previous to the incurring of such indebt- 
edness, and all bonds or obligations, in excess of such 
amount, given by such corporations, shall be void: Pro- 
vided, That in time of war, foreign invasion, or other great 
public calamity, on petition of a majority of the property 
owners, in number and value, within the limits of such 
corporation, the public authorities, in their discretion, may 
incur obligations necessary for the public protection and 
defense, to such an amount as may be requested in such 
petition. 

[The original article 13 is stricken out and ttie amendment of March 
24, 1881, inserted in lieu thereof.] 

ARTICLE XIV. 

BOUNDABIES. 

Section 1. In order that the boundaries of the state may 
be known and established, it is hereby ordained and de- 
clared that the state of Indiana is bounded on the east 
by the meridian line which forms the western boundary of 
the state of Ohio ; on the south by the Ohio river, from the 
mouth of the Great Miami river to the mouth of the Wabash 



CONSTITUTION OF THE STATE. 



489 



river ; on the west, by a line drawn along the middle of the 
Wabash river, from its mouth to a point where a due north 
line, drawn from fke town of Vincennes, would last touch 
the northwestern shore of said Wabash river; and thence 
by a due north line, until the same shall intersect an east 
and west line, drawn through a point ten miles north of 
the southern extreme of Lake Michigan; on the north, by 
said east and west line, until the same shall intersect the 
first-mentioned meridian line, which forms the western 
boundary of the state of Ohio. 

Sec. 2. The state of Indiana shall possess jurisdiction, 
and sovereignty co-extensive with the boundaries declared 
in the preceding section; and shall have concurrent juris- 
diction, in civil and criminal cases, with the state of Ken- 
tucky on the Ohio river, and with the state of Illinois 
on the Wabash river, so far as said rivers form the com- 
mon boundary between this state and said states respec- 
tively. 

ARTICLE XV. 



MISCELLANEOUS. 



Section 1. All officers whose appointment is not other- 
wise provided for in this constitution, shall be chosen in 
such manner as now is, or hereafter may be, prescribed by 
law. ■ 1 ■ ■ , ! • ' ; 

Sec. 2. When the duration of any office is not provided 
for by this constitution, it may be declared by law ; and if 
not so declared, such office shall be held during the pleasure 
of the authority making the appointment. But the general 
assembly shall not create any office, the tenure of which 
shall be longer than four years. 

Sec. 3. Whenever it is provided in this constitution, or 
in any law which may be hereafter passed, that any officer, 
other than a member of the general assembly, shall hold 
his office for any given term, the same shall be construed 
to mean that such officer shall hold his office for such term, 



490 APPENDIX. 

and until his successor shall have been elected and quali- 
fied. 

Sec. 4. Every person elected or appointed to any office 
under this constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the constitu- 
tion of this state and of the United States, and also an oath 
of office. 

Sec. 5. There shall be a seal of the state, kept by the 
governor for official purposes, which shall be called the 
seal of the state of Indiana. 

Sec. 6. All commissions shall issue in the name of the 
state, shall be signed by the governor, sealed by the state 
seal, and attested by the secretary of state. 

Sec. 7. No county shall be reduced to an area less than 
four hundred square miles; nor shall any county under 
that area be further reduced. 

Sec. 8. No lottery shall be authorized, nor shall the sale 
of lottery tickets be allowed. 

Sec. 9. The following grounds owned by the state in 
Indianapolis, namely: the state house square, the gover- 
nor's circle, and so much of outlot numbered one hundred 
and forty-seven as lies north of the arm of the central 
canal, shall not be* sold or leased. 

Sec. 10. It shall be the dutj^ of the general assembly to 
provide for the permanent enclosure and preservation of 
the Tippecanoe battle ground. 

ARTICLE XVI. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this con- 
stitution may be proposed in either branch of the general 
assembly; and if the same shall be agreed to by a majority 
of the members elected to each of the two houses, such 
proposed amendment or amendments shall, with the yeas 



CONSTITUTION OF THE STATE. 



491 



and nays thereon, be entered on their journals and referred 
to the general assembly to be chosen at the next general 
election; and, if in the general assembly so next chosen, 
snch proposed amendment or amendments shall be agreed 
to by a majority of all the members elected to each house, 
then it shall be the duty of the general assembly to submit 
such amendment or amendments to the electors of the state, 
and if a majority of said electors shall ratify the same, 
such amendment or amendments shall become a part of thi^ 
constitution. 

Sec. 2. If two or more amendments shall be submitted 
at the same time, they shall be submitted in such manner 
that the electors shall vote for or against each of such 
amendments separately; and while such an amendment or 
amendments which shall have been agreed upon by one 
general assembly, shall be awaiting the action of he suc- 
ceeding general assembly, or of the electors, no additional 
amendment or amendments shall be proposed. 

SCHEDULE. 

This constitution, if adopted, shall take effect on the first 
day of November, in the year one thousand eight hundred 
and fifty-one, and shall supersede the constitution adopted 
in the year one thousand eight hundred and sixteen. That 
no inconvenience may arise from the change in the govern- 
ment, it is hereby ordained as follows : 

First. All laws now in force, and not inconsistent with 
this constitution, shall remain in force until they shall ex- 
pire or be repealed. 

Second. -All indictments, prosecutions, suits, pleas, 
plaints and other proceedings pending in any of the courts, 
shall be prosecuted to final judgment and execution; and 
all appeals, writs of error, certiorari and injunctions shall 
be carried on in the several courts, in the same manner 
as is now provided by law. 



492 APPENDIX. 

Third. All fines, penalties and forfeitures, due or accru- 
ing to the state, or to any county therein, shall inure to 
the state, or to such county in the manner prescribed by 
law. All bonds executed to the state, or to any officer, in 
his official capacity, shall remain in force, and inure to 
the use of those concerned. 

Fourth. All , acts of incorporation for municipal pur- 
poses shall continue in force under this constitution, until 
such time as the general assembly shall, in its discretion, 
modify or repeal the same. 

Fifth. The governor, at the expiration of the present 
official term, shall continue to act until his successor shall 
have been sworn into office. 

Sixth. There shall be a session of the general assembly, 
commencing on the first Monday of December, in the year 
one thousand eight hundred and fifty-one. 

Seventh. Senators now in office and holding over, under 
the existing constitution, and such as may be elected at 
the next general election, and the representatives then 
elected, shall continue in office until the first general elec- 
tion under this constitution. 

Eighth. The first general election under this constitu- 
tion shall be held in the year one thousand eight hundred 
and fifty-two. 

Ninth. The first election for governor, lieutenant-gov- 
ernor, judges of the supreme court and circuit courts, clerk 
of the supreme court, prosecuting attorney, secretary, audi- 
tor, and treasurer of state, and state superintendent of 
public instruction, under this constiiution, shall be held 
at the general election in the year one thousand eight hun- 
dred and fifty-two; and such of said officers as may be in 
office when this constitution shall go into effect, shall con- 
tinue in their respective offices until their successors shall 
have been elected and qualified. 



CONSTITUTION OF THE STATE. 493 

Tenth. Every person elected by popular vote, and now 
in any office which is continued by this constitution, and 
every person who shall be so elected to any such office be- 
fore the taking effect of this constitution (except as in this 
constitution otherwise provided), shall continue in office 
until the term for which such person has been, or may be, 
elected, shall expire : Provided, That no such person shall 
continue in office after the taking effect of this constitution, 
for a longer period than the term of such office in this con- 
stitution prescribed. 

Eleventh. On the taking effect of this constitution, all 
officers thereby continued in office shall, before proceeding 
in the further discharge of their duties, take an oath or 
affirmation to support this constitution. 

Twelfth. All vacancies that may occur in existing offices 
prior to the first general election under this constitution, 
shall be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this constitution 
to the electors for their approval or disapproval, the article 
numbered thirteen, in relation to negroes and mulattoes, 
shall be submitted as a distinct proposition, in the follow- 
ing form: ''Exclusion and colonization of negroes and 
mulattoes," ''Aye," or "No." And if a majority of the 
votes cast shall be in favor of said article, then the same 
shall form a part of this constitution, otherwise it shall be 
void and form no part thereof. 

Fourteenth. No article or section of this constitution 
shall be submitted as a distinct proposition to a vote of 
the electors otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the 
counties of Perry and Spencer shall deem it expedient to 
form, of the contiguous territory of said counties, a new 
county, it shall be the duty of those interested in the or- 
ganization of such new county, to lay off the same by 



494 APPENDIX. 

proper metes and bounds of equal portions as nearly as 
practicable, not to exceed one-third of the territory of each 
of said counties. The proposal to create such new county 
shall be submitted to the voters of said counties, at a gen- 
eral election, in such manner as shall be prescribed by law. 
And if a majority of all the votes given at said election 
shall be in favor of the organization of said new county, 
it shall be the duty of the general assembly to organize the 
same out of the territory thus designated. 

Sixteenth. The general assembly may alter or amend 
the charter of Clarksville, and make such regulations as 
may be necessary for carrying into effect the objects con- 
templated in granting the same, and the funds belonging 
to said town shall be applied according to the intention 
of the grantor. 

Done in convention, at Indianapolis, the tenth day of 
February, in the year of our Lord, one thousand eight hun- 
dred and fifty-one, and of the independence of the United 
States, the seventy-fifth. 

Geoege Whitepield Care, 
President and Delegate from the County of Lawrence. 

Attest: Wm. H. English, 

Principal Secretary. 

Geo, L. Sites, 
Herma^st G. Barkwell, 
Robert M. Evaws, 

Assistant Secretaries. 



ADDENDA 



The original sections stricken out or amended read as 
follows : 

ARTICLE II. 

SUFFRAGE AND ELECTION, 

Section 2, In all elections, not otherwise provided for by this consti- 
tution, every white male citizen of the United States, of the age of twenty- 
one years and upwards, who shall have resided in the state during the 
six months immediately preceding such election ; and every white male, of 
foreign birth of the age of twenty-one years and upwards, who snail have 
resided in the United States one year, and shall have resided in this state 
during the six months immediately preceding such election, and shall have 
declared his intention to become a citizen of the United States, conform- 
ably to the laws of the United States on the subject of naturalization, 
shall be entitled to vote in the township or precinct where he may reside. 

Sec, 5, No negro or mulatto shall have the right of suffrage. 

Sec 14. All general elections shall be held on the second Tuesday in 
October. 

ARTICLE IV. 

LEGISLATIVE. 

Section 4. The general assembly shall, at its second session after the 
adoption of this constitution, and every six years thereafter, cause an 
enumeration to be made of all the white male inhabitants over the age of 
twenty-one years. 

Sec 5. The number of senators and representatives shall, at the ses- 
sion next following each period of making such enumeration, be fixed by 
law, and apportioned among the several counties, according to the num- 
ber of white male inhabitants, above twenty-one years of age, in each ; 
Provided, That the first and second elections of members of the general 
assembly, under this constitution, shall be according to the apportionment 
last made by the general assembly, before the adoption of this constitution. 

Sec. 22. In relation to fees or salaries. 



(495) 



496 APPENDIX. 



ARTICLE VII. 

JUDICIAL. 

Section 1. The judicial power of the state shall be vestea m a su- 
preme court, in circuit courts, and in such inferior courts as the general 
assembly may establish. 

ARTICLE XIII. 

NEGROES AND MULATTOES. 

Section 1. No negro or mulatto shall come into, or settle in, the state, 
after the adoption of this constitution. 

Sec 2. All contracts made with any negro or mulatto coming into 
the state, contrary to the provisions of the foregoing section, shall be void ; 
and any person who shall employ such negro or mulatto, or otherwise en- 
courage him to remain in the state, shall be fined in any isum not less than 
ten dollars, nor more than five hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the pro- 
visions of this article, or of any law which may hereafter be passed for 
the purpose of carrying the same into execution, shall be set apart and 
appropriated for the colonization of such negroes and mulattoes, and their 
descendants, as may be in the state at the adoption of this constitution, 
and may be willing to emigrate. 

Sec. 4. The general assembly shall pass laws to carry out the pro- 
visions of this article. 



INDEX TO CONSTITUTION. 



PAGE. 

CONSTITUTION OF INDIANA 459 

Addenda 495 

Administrative 477 

Amendments 490 

Bill of rights 4G0 

Boundaries 488 

Corporation 485 

Distribution of powers 467 

Education 482 

Executive 473 

Finance 484 

Historical slietcli 459 

Judicial , 479 

Legislative 467 

Militia 487 

Miscellaneous 489 

Political and municipal corporations 488 

Preamble 460 

Schedule 491 

State institutions 483 

Suffrage and election 464 



mi) 



SCHOOL LAWS ENACTED J905 AND 1907, 



1903. 

SEC. PAGE 

1. County commissioners may accept donations for higli scliools. . . . 27S 

2. Election of city and town scliool trustees 108 

3. Funding of township indebtedness 197 

4. Laud sales by county auditor — Legalizing acts — Acts :i 905 12 

5. Public library commission 273 

6. Qualifications and salary of county superintendent 69 

7. Scliool funds — Expense in making loans 398 

8. Special school tax used to pay teachers 147 

9. State aid to corporations which are unable to conduct schools 

of minimum length of term 171, 286 

10. Tax to complete town school house and to support town schools. . 152 

11. Ten-year state text-book contracts 58 

12. Traffic in examination questions 82 

13. Transfer of school property in cities of over 100,000 228 

14. Uses of fund 174, 288 



1907. 

1. Abandonment of small schools 138 

2. Advertisement of amount of common school fund by county 

auditor 368 

3. Appropriation of real estate — Petition 280 

4. Bond issue for schools , 188 

5. Bonds for building purposes — Trustees 195 

6. Bonds for cities or towns 191 

7. Bonds for school buildings — Second-class cities 189 

8. Bonds — Funds for building 232 

9. Common schools defined 133 

10. Farmers' institutes 448 

11. Flags in schools 285 

12. High school studies 133 

13. InstituJ;es, county — Expenses 291 

14. Janitors — Care and management of school property 131 

15. 'Minimum wages of teachers 261 

16. Orphans' home — Transfer of children to 166 

17. Pension fund for teachers in cities 230 

18. Sale and distribution of state text-books 62 

19. Sale of school property by township trustee 271 

20. Secret societies — Unlawful 325 

21. Special school fund 284 

(498) 



SCHOOL LAW OF INDIANA. 



499 



SEC. PAGE 

21. State aid to corporations to extend length of term 173 

Duties of superintendent and auditor 2S7 

22. State library — Legislative reference department 45S 

23. State tax levy 147, 171 

24. State teacliers' training board ■. 27 

25. Surplus 174 

26. Towns — Funds for building— Bonds 192 

27. Township trustee and advisory board — Legalizing act 284, 344 

28. Transfer money from bonds to special school revenue 153, 288 

29. Transfer of school children 163 

30. Transportation of p\ipils to other schools 138 



[32] 



INDEX, 



ABANDONMEN^J" OF SCHOOLS— PAGE SEC. 

Consent of voters 137 147 

Conveyance of town property to trustee 115 127 

Discontinuance and abandonment of small schools 138 148 

Districts or corporations 137 146 

Town schools 115 126 

Transportation of pupils to other schools 138 147 

Trustees take charge of town schools 116 128 

ADVISORY BOARD— 

Appointment of first meiiabers of 343 476 

Annual meeting of 334 466 

Annual settlement with trustees. 339 471 

Compensation of 337 469 

Contracts void 343 475 

Duties of 333 464 

Election, organization and meetings of 333 464 

Emergency for action 135 142 

Estimates of, expenditures 336 467 

Expenditures and tax levy 334 466 

Makes levies and provides funds 198 245 

Special meetings of 337 469 

Taxpayers may attend sessions 334 465 

Trustees, salaries allowed by 342 474 

Use of sinking fund legalized 284 375 

APPORTIONMENT— 

Adjustment of tuition indebtedness in counties 167 193 

Among counties 171 201 

By county auditor 176 213 

County superintendent's duty concerning 97 115 

Of 5.2 of fund 172 202 

Of revenue from land sales 355 490 

Of state tax levy 171 200 

Of state tuition revenue 169 195 

Payment of excess of 175 211 

Payinent of state tuition revenue to counties 175 210 

Report to county auditor by county superintendent 95 113 

Unapportioned balance 176 212 



(500) 



INDEX. 



501 



AUDITOR OF COUNTY— page sec. 

Account of congressional township 354 489 

Account of funds 350 482 

Account of readjustment 355 492 

Adjusts tuition indebtedness 167 193 

Advertises funds 361-368 508-528 

Appoints appraisers 369 351 

Apportionmect by 176 213 

Approves bond for loan of school fund 374 544 

Bid of 386 563 

Brings suit to foreclose 390 571 

Cancels mortgages 393 578 

Causes mortgages to be recorded 378 550 

Certificate of purchase, make, sign and record 362 511 

Clerk at election of county superintendent 65 89 

Collection and distribution — Enumeration 355 490 

Collection on default. 379 553 

Collects rent, authorized to 391 573 

Commissioners order real estate to be sold by 392 574 

Considers transfers in apportionment of tuition fund . . . 163 186 

County superintendent files bond vv^ith 65 89 

Distribution and report of school funds 397 585 

Draws warrant in favor of borrower 382 557 

Duties as to defective assignments 364 515 

Duties of other auditor 355 491 

Duty as to distribution of tuition fund 163 186 

Duty as to loans 369 530 

Endorses receipts on certificate of purchase 365 520 

Failure to perform duty — Penalty 368 529 

Failure to report — Penalty 170 199 

Gives notice of sale 384 561 

Indorsement for payment 383 559 

Issues warrant in favor of other counties 373 540 

Loans fimds outside of county 370 533 

May bring suit on note 378 552 

May issue a new certificate of purchase 365 518 

May summon trustee to appear 146 167 

Penalty for failure to distribute. 397 586 

Petition to sell land, filed with 366 524 

Places certificate before commissioners 358 500 

Power to administer oaths 377 548 

Power to sell land 359 502 

Quietus for payment 382 558 

Reports of lands made to 351 483 

Reports number of children in congressional township.. 354 488 

Report to county commissioners 394 579 

Report to state superintendent of public instruction.,., 169 196 



502 SCHOOL LAW OF INDIANA. 

AUDITOR OF COUNTY— Continued. page sec. 

School board shall file bond with 195 240 

Sells mortgage to highest bidder 384 364 

Shall bring suit on note 383 560 

Shall issue deed; 365 521 

366 523 

389 507 

393 575 

Transfer of funds from one comity to another 374 343 

Trustee certifies report to 355 499 

Votes in election of county superintendent in case of tie. 65 89 

BIBLE 243 316 

BONDS— 

Additional issue for schools 188 224 

Auditor of school board must give 218 272 

Book contractor's 59 74 

Book contractor's (new) 59 76 

Business director's 216 266 

Cities and towns may issue. 186 221 

County school superintendent's 37 -41 

County school superintendent's (special) 44 53 

For school buildings 181 216 

For school buildings in cities between 45,000 and 55,000. 240 312 

For school buildings in cities of less than 5,000 195 239 

For school buildings in cities of second class 189 225 

For school buildings in towns of 2,000 or under 192 232 

For school property— Cities of more than 100,000 224 283 

For women 324 449 

In cities of 30,000 or more 205 254 

In series— Tijne of 190 226 

Proceeds of 241 314 

Refunding 193 233 

Sale of, by township trustee 275 358 

School trustees' 188 223 

193 234 

195 240 

241 213 

School trustees may issue for cities and towns 191 229 

School trustees may issue levy to pay 191 230 

Tax for redemption of 190 227 

Tax to pay 188 222 

Township trustees may issue 196 241 

197 244 

Township trustee's 116 129 



INDEX. 



503 



BONDS— Continued. page sec. 

Transfer of money from bonds to school revenue 153 177 

288 287 

Use and proceeds of 183 217 

CITY SUPERINTENDENT— 

Election of, in cities of 100,000 or more 214 204 

Employed by school trustees 131 136 

Paid from special school revenue 131 136 

School boards prescribe duties of 131 136 

Shall issue success grades to teachers 87 105 

Shall teach scientific temperance 250 325 

Shall visit teachers 87 104 

COLORED CHILDREN— 

Separate school for 245 319 

COMPULSORY EDUCATION— 
See truancy. 

COUNTY BOARD OF EDUCATION— 

Change text-books 99 120 

Meet semi-annually 99 120 

Meet with county commissioners 279 3G5 

COUNTY SUPERINTENDENT— 

Annual report 94 112 

Appeals from, to state superintendent 328 446 

Appeals from township trustees to 321 445 

Appeal to state superintendent on success grade 90 106 

Apportionment report to county auditor 95 113 

Authorized to administer oaths 324 447 

Bond of 65 89 

City schools exempt from supervision of 94 111 

County board meets at office of 99 120 

Duties as to apportionment 97 115 

Duties as to school fund 97 116 

Election of 65 89 

Eligibility of 69 90 

Embezzlement of 38 44 

Enumeration, duties in 93 110 

Examination for graduation, ?hall hold 91 108 

Examination of trustee and his books, shall make 146 167 

Examines teachers 72 95 

Failure to report 45 55 

51 66 

52 67 



504 SCHOOL LAW OF INDIANA. 

COUNTY SUPERINTENDENT— Continued. page sec. 

General duties of 92 109 

Impeaciiment 71 93 

crakes quarterly book reports 36 39 

May revoke license 78 76 

Official dockets, records, etc., open to 97 116 

Office supplies, compensation 72 94 

Per diem for services 68 91 

Reports from school trustees to 144 162 

Reports to book contractors 37 42 

44 54 

51 65 

Shall conduct teachers' institutes 291 388 

Shall enter suit for book settlement 36 40 

Shall issue success grade 87 104, 105 

Shall keep record of applicants for licenses 82 99 

86 102 

Shall keep record of proceedings 82 99 

Shall not conduct private normal 98 117 

Shall preside at meetings of county board 99 120 

Shall report to state superintendent 82 99 

Shall supply sufficient books 50 63 

Shall visit teachers 87 104 

Shall vote on all questions 99 120 

Special bond of 37 41 

44 53 

State license 83 100 

DONATIONS AND BEQUESTS— 

Acceptance authorized 276 359 

Bequests for school buildings for cities of more than 

5,000 275 356 

Conditional gift 276 359 

Duties of trustees 280 366 

For high schools 278 364 

Identity of, not to be lost 278 363 

Income from 276 361 

Trustee for 277 362 

Trustees of 279 365 

ENUMERATION— 

Enumeration in congressional townships. 354 488 

Items to record in taking 331 462 

Reports^ where iiled, retaking 165 188 

Reports of 94 112 

When taken 93 110 

Exemption from 86 101 

For state license ,.,,,,,,,,,.. • 83 100 



INDEX. 



505 



EXAMINATIONS — PAGE SEC. 

In scieiitiflc temperance necessary 250 324 

Record of 86 102 

Special 265 343 

Traffic in examination questions 82 98 

FLAGS- 

Deslruction or mutilation of 286 378 

Display of 285 377 

Duty of school trustee as to 285 '376 

Penalty for mutilation 286 379 

FUNDS— 

Advertisement of 361 508 

368 528 

Account of 350 482 

Amount of loan 371 536 

Apportionment of interest on 97 115 

Apportionment of loans 396 583 

Appropriation for fund by county commissioners 388 566 

Auditor's duty toward 354 489 

Auditor shall draw his warrant for 373 540 

Cancellation of school fund mortgage 393 578 

Certificates as to liens on funds 374 544 

Collection on default 379 553 

Common school 8 2 

Control of teachers' pension fund 232 295 

Conveyance of land on account of school 390 570 

County board of commissioners to examine report of . . . 394 580 

County may borrow 372 538 

Deficiency fund for minimum term 112 202 

Deficiency funds for aiding schools 286 380 

Duty of auditors in other counties 355 491 

Duty of county council when borrowing 372 539 

Duty of county superintendent as to 97 116 

Endorsement and satisfaction 383 559 

Estrays and property adrift, transferred to 349 480 

Expense in making loans of 398 587 

Form of note 382 556 

Form of mortgage 380 555 

Fund to be specified .• 380 554 

Interest on sinking fund 179 214 

Interest unpaid 378 552 

Investment and distribution of 10 4 

Investment — Teachers' pension fund 234 296 

Land of surplus revenue fund, how sold 367 526 

Lease of land purchased b91 573 

Length of time of loan 372 537 



506 SCHOOL LAW OF INDIANA. 

FUNDS — Continued. page sec. 

Levy to pay 198 245 

Liability for funds 174 206 

288 383 

Liability of counties 11 6 

349 481 

Limit of loan . 371 535 

376 547 

Loaning of, by county auditor 369 530 

Loans of school and university funds 371 534 

Loans outside of county 3'(0 533 

Miscellaneous school fund account 396 584 

Oath of applicant on abstract of title 375 545 

Payment of loan 373 542 

Payments, quietus 382 558 

Principal, a perpetual fund 10 3 

Proceeds of timber sales transferred to 358 501 

Purchase of laud by county 391 572 

Rate of interest 373 541 

Reappraisement of forfeited kinds 388 565 

Record of mortgages 377 549 

Reinvestment of 11 5 

Report of county a uditor to treasurer on 394 579 

Report of distribution of school funds 397 585 

Sale of lands bought on account of school funds >. 387 564 

Sinking fund and teachers' pension fund 234 297 

Special school fund, teachers' pension fund 284 374 

Suit for deficiency 383 560' 

Suit to foreclose 390 57J 

Supervision of 16 16 

Supplemental act concerning collection fund S93 577 

Supplementary tuition fund 150 173 

Surplus dog tax 179 215 

Suri'Ius of deficiency fund 174 207 

288 384 

Teachers' pension, cities of 100,000 or more. 230 293 

Time of loan 376 54G 

Transfer of lands from one comity to another 374 543 

Trust funds inviolate 11 7 

Uses of funds by school trustees 174 205 

288 882 

Uses of teachers' — Teachers' pension fund 2-34 298 

Warrant to borrow 382 557 

What constitutes 346 479 

HIGH SCHOOLS— 

Defined 133 138 

Studies enumerated 133 139 

Uniform course of non-commissioned 133 138 

Studies enumerated 133 139 



INDEX. 



507 



INDIANA UNIVERSITY— PAGE sec. 

Abstract of title 422 664 

Accounts — Reports 425 679 

Accounts with borrowers 425 680 

Agricultural department 418 650 

Amount of tax — Division 452 756 

Annual meeting 412 627 

Annual meeting of alumni 411 626 

Application of fund 405 610 

Appraisement of lauds 429 693 

Auditor of state's duty as to loans' 419 656 

436 722 

Auditor's duty 422 666 

Auditor's report 433 710 

Board of visitors 414 637 

Bond of state 406 611 

Buildings and repairs 417 648 

Cercifieate assignable 431 702 

Certificate as to liens 422 663 

Certificate of payment— Patent 426 683 

Certificate of purchase 430 700 

Certificate to be registered 431 701 

Commissioners' dutj^ 427 686 

Commissioners' report 427 685 

Contents of report 417 646 

Counties pay interest 437 723 

County auditors loan 436 721 

County students 414 634 

Disposition of proceeds 434 715 

Duties of secretary 415 640 

Duties of treasurer 415 641 

Duties of visitors 415 639 

Duty of county auditors 429 694 

Extension of payments 428 690 

Faculty— Powers 413 631 

Fees and damages 425 678 

Forfeited lands 428 692 

Forfeiture 431 703 

Forfeiture, how prevented 428 691 

431 705 

Form of mortgage 420 658 

Form of note 420 658 

Fund, how derived — Loans 419 655 

Geological examinations and specimens 416 644 

Interest 421 660 

Interest on loans 413 630 

Interest, when loaned 425 681 

Judgment ,. 423 669 



508 SCHOOL LAW OF INDIANA. 

INDIANA UNIVERSITY— Continued. page" sec. 

Leases 426 684 

Lectures by faculty 416 643 

Library 418 653 

Land, how redeemed 432 706 

Limit of bid— Overplus 424 673 

Loans 484 714 

Loans, by state auditor 406 611 

Loans, liow collected 423 668 

Loans, security 420 659 

Metliod of voting by alumni 411 626 

Mortgage taken by state auditor. 407 613 

Nomination of trustees 411 624 

No religious qualification 413 682 

Normal department 417 649 

No sectarian tenets 414 633 

428 470 

Notice of sale 429 696 

Notice of sessions 417 647 

Notice to counties 414 635 

No Lrustee to deal in the lands 435 718 

One trustee to attend sales 485 717 

Patent on full payment 432 709 

Patents and recording 427 688 

Patents for managing fund 427 689 

Pay for managing fund 427 689 

Payment 422 666 

Pay of auditor and treasurer . , 433 713 

Pay of commissioners 427 687 

Pay of trustees 409 619 

Permanent fund not alTected 453 757 

Perpetual scholarsliips 418 652 

Printing annual report 416 645 

Priority of mortgage 421 661 

Private entry 430 699 

Quorum— Temporary appointments 412 628 

Recognized , 405 608 

Recording of mortgage 421 662 

Registry of alumni '. . 410 623 

Report of sales 4-34 7l6 

Report to state superintendent of public instruction. . . . 416 642 

Sale 423 671 

429 - G97 

Sale for cash— Certificate 424 676 

Sale on credit 425 677 

Satisfaction 422 667 

Scholarship transf eral)le 41 8 651 

Security , ^ 432 707 



INDEX. 509 

INDIANA UNIVERSITY— Continued. page sec. 

Seminary township 412 629 

State geologist 419 654 

State may borrow fund 407 614 

Statement of sale 424 674 

State treasurer collects loans 436 720 

Suit for deficiency after sale 437 724 

Suit foi waste 432 70S 

Surplus .' 481 704 

Tax for endowment fund 405 609 

Terms of sale 430 698 

The firsi meeting of trustees 409 617 

The first trustees 408 616 

Title in state without deed 424 675 

To pay money to state treasurer 433 712 

Treasurer's bond 414 636 

Treasurer's report 433 711 

Trustees — Corporate name — Officers — Powers 408 615 

Trusteeti of 409 620 

Trustees' terms expiring 1891 — Successors 409 621 

Trustees' terms expiring 1893 — Siiccessors 410 622 

Trustees to get information 435 719 

Unsold lands 426 682 

Vacancies 409 618 

Visitors not attending to be reported 414 638 

When auditor to buy — Resale 424 672 

INDIGENT CHILDREN— 

Appropriations for 247 321 

Assistance rendered to 329 - 458 

Branches taught 247 322 

Confirmed truant 330 460 

Duty of matron toward ' 246 .820 

Parental home — Incorrigible child 330 459 

INSTITUTES— 

Expenses of 291 388 

Schools close for 291 388 

Sessions of 292 390 

Township 290 387 

KINDERGARTEXS— 

Examination for teachers of 24 Note on. 

May be established 139 151 

Tax lor 139 152 

Taxes, how coll<.3eted and how distributed 140 ■ 153 

LIBRARIES— 

Commission, Library — • 

Advice 296 397 

Annual appropriation — Expenses 295 396 



510 SCHOOL LAW OF INDIANA. 

lylBRAIMES— Continued. 

Commission, Library — page sec. 

Library association 295 39o 

Members of commission not to be publisliers 298 401 

Purchase of boolts — ApprojDriation 294 394 

Duties — Traveling libraries 293 392 

In Cities or Towns — 

Acceptance of library 314 428 

Certificate of oppointment — Oath 309 417 

Donation of library 312 423 

In certain cities 299 403 

Library fund SlG 432 

Libraries in cities of 3,500 to 4,000 314 427 

Library tax in cities of 15,000 to 30,000 303 412 

Library tax in cities of 30,000 301 409 

Members of board — Appointment — Qualifications.. 307 416 

Official documents . . . » 298 400 

Organization 309 418 

Parks used for library buildings 300 407 

Payment of taxes . 315 429 

Powers of board 310 419 

Prior acts legalized 300 408 

Privileges of library 315 430 

Real estate 300 405 

Removal of directors 316 431 

Removal of members of board 313 424 

Subscription collected — Building cax 310 420 

Subscription filed with clerk 307 415 

Tax for — Subscription 305 414 

Tax-How used 311 421 

Tax to maintain 299 404 

Township may use 312 422 

Treasurer's report 313 425 

Use of library — Certificates of membership 312 422 

State Library — • 

Appropriation 458 775 

Election of librarian — ^Term 455 760 

Exchanges 456 765 

Legislative papers, preservation of 456 764 

Legislative reference department 458 773 

Loan of books 456 767 

Manageiaent 455 759 

Misappropriation of books 456 766 

Preservation of state documents 455 763 

Reference librarian — Salary 458 774 

Removal of librarian or assistants 457 771 

Report of receipts and expenditures 457 770 

Rules and regulations 457 768. 



INDEX. 



511 



LIBRARIES— Continued. 

State Library — page sec. 

Salaries — Assistants, etc 457 769 

Term of ofRce — Bond 455 761 

When to be kept open 455 762 

Violation of act, penalty 457 772 

Township : 

Library discontinued 318 440 

Office of librarian abolished 318 439 

Official documents 298 400 

Tax levi' for 317 438 

Township libraiy board 297 399 

Township library tax .' 296 398 

Tov/nship trustee m charge 316 433 

Trustee's duties 316 434 

When open 317 437 

Where kept 317 430 

Use of books 317 435 

MANUAL TRAINING OR INDUSTRIAL SCHOOLS— 

May be established in cities of more than 50,000 141 156 

May be established in cities of 30,000 or more 227 289 

Tax to support . 141 158 

22S 291 

Teachers for 141 157 

228 290 
NIGHT SCHOOLS— 

Age of pupils in 140 155 

May be established in cities of 30,000 or more, 1880 

census 140 154 

PENSION FUND— 

Cancellation of 239 308 

Computing time 237 302 

Control of 232 295 

Deficiency pro rata payments 238 305 

Investment of 234 296 

Officers — Duties 231 294 

May be established in cities of 100,000 or more 230 293 

Payments — When refunded in part 238 304 

Pensions — Re-examination 236 30(> 

Pension exempt from seiziire 239 307 

Place of pajment 239 306 

Service pension 237 301 

Sinking fund 234 297 

Teachev defitied 239 309 

Trustees — By-laws 237 303 

Trustees for 230 293 



512 SCHOOL LAW OF INDIANA. 

PENSION FUND— Continued. page sec. 

Use? of 234 298 

What constitutes 232 295 

Years of service, how computed 235 299 

PURDUE UNIVERSITY- - 

Acceptance of United States grant 450 755 

Agricultural college scrip 439 725 

Amount of tax — Division 452 756 

Amount of warrant — How determined 449 751 

Application for warrant — Statement 448 749 

Appointment of trustees 443 736 

Appropriation 447 746 

Corporate name — Powers and duties of trustees 441 731 

County students 444 740 

Dedication of street 442 732 

Donations accepted 440 728 

Expenses defined 449 752 

False reports — Penalty 450 753 

Farmers' institute, county warrant 448 74S 

Farmers' institutes 446 744 

Farmers' reading courses 447 747 

Gift to establish institute of technology 446 743 

Investment of fund 445 742 

. Location 440 729 

Officers— -Treasurer's bond and duties 444 739 

Permanent fund not affected 453 757 

Permanent name 441 7i,0 

Power to dedicate 442 733 

Privileges of .John Purdue 442 734 

Sale and investment of scrip 439 727 

Students 445 741 

Supplemental 450 754 

Term of office 443 737 

REVENUE AND TAXATION— 

Advisory board levies tax to pay bonds 198 245 

Assessment and collection of special tax 149 172 

Estimates of expenditures by townships 337 467 

Incomes from gifts to schools 276 361 

Levy for tuition tax 150 173 

Levy to pay debts in cities of 100,000 or more 227 287 

Local tax, how applied 151 174 

School trustees manage revenues 118 130 

J?chool trustees must keep recorri of 123 131 

Special school tax for cities of 45,000 to 55,000 241 312-313 

Special tax to pay debts 151 175 

Special tax to pay teachers 147 171 

Special tax to pay interest and principal ou bonds 194 230 

184 218 

196 24i 



INDEX. 513 

REVENUE— Continued. page sec. 
Statement of expenditures and tax levies by townsiiip 

trustees. 337 4GG 

State tax levy 147 169 

171 200 

Surplus special revenue 142 159 

194 237 

197 242 
Tax collection and payments in cities of 30,000 or more, 

1870 census 203 250 

Tax for bond redemption 190 227 

Tax for defraying increased expenditure 331 461 

Tax levy for paying town and city bonds 191 230 

Tax levy in cities of 100,000 or more 222 279 

Tax to complete town school house and to support 

schools 152 170 

Tax to support industrial or manual training schools . . . 228 291 

Transfer of bond tax revenue to special revenue 288 386 

Uniform tax 147 170 

Use of proceeds from sale of bonds 183 217 

Use of special school revenue legalized 142 160 

SCHOOL BOARD— 

Additional bond issued 188 224 

Adjustment of tuition indebtedness 167 193 

Annual statement 124 132 

Appraisement 281 368 

Appropriation of real estate — Petition 280 367 

Bonds and notes, cities and towns may issue , 186 221 

Bonds for buUding in towns of not more than 2,000 192 232 

Bond for school building, cities of second class 189 225 

Contract blanks must be uniform 261 336 

Control of town school by township trustee 116 128 

Conveyance of town school property by trustee 115 127 

Donations and bequests 274 356 

Duty of appraisers, payment title trial 281 369 

Employ and dismiss teachers 257 334 

General duties 124 133 

Length of school term 130 134 

Liability for fund 174 206 

Local tax, how applied 151 174 

May administer oaths 324 447 

May establish joint graded schools 132 137 

135 143 

May receive state aid to lengthen term 172 203 

Minimum wages for teachers 261 337 

Must report to county superintendent- 51 66 

Officers of the district municipal corporation 106 122 

Pay for school house in annexed territory 273 355 



514 " SCHOOL LAW OF INDIANA, 

SCHOOL BOARD— Continued. • page sec. 

Payment for improvements legalized 283 873 

Payment of ])onds 305 413 

Payment of less than minimum— Penalty 2G3 389 

Payment of tuition 167 191 

Powers to provide buildings, supplies, repairs, etc 152 176 

Process, how executed 320 444 

Relation of trustee to donations 277 362 

Report to state truancy board 329 457 

Requirements before building 185 219 

Retaking enumeration 165 188 

Rights not abridged concerning trnnsfer 162 183 

163 186 

School ))oards report annually to county commissioners.. 118 130 

School doors must swing outward 256 333 

School house in annexed territory 273 354 

School prope''ty liable for public improvement 283 372 

Schools of, may be abandoned 115 126 

Schools of, not under county superintendent 94 111 

School trustee manage revenues 118 130 

Shall employ supermtendent ot schools 131 136 

Shall furnish trua.it officer names of school children . . . 331 46;i 

Shall keep rec'ord of proceedings and accounts. . 123 131 

Shall take enumeration 154 178 

Shall transfer surplus special revenue to common council 142 159 

Special tax to pay bonds in cities of 5,000 196 241 

Special tax to pay bonds, notes or mterest 194 236 

Suits, how brought 320 442 

Supplementary tuition fund 150 173 

Surplus special revenue to pay bonds, notes or interest.. 194 237 

Surplus special school revenue 186 220 

Surplus special revenue to pay bonds in cities of 5.000.. 197 242 

Tax to pay bonds and notes 188 222 

Teachers' contracts to be in writing 261 335 

Tender before appraisement — Cost 282 370 

Time of . electing 108 123 

Time to take enumeration 93 110 

Title to school property, shall procure 268 349 

Transfer of school children 158 179 

Transfer money from bonds to' special school ■ revenue . . 153 177 

Trustees give bond 188 223 

Uses of state fund 174 205 

SCHOOL BOOKS AND SCHOOL OFFICIALS CONNECTED 
THEREWITH— 
County Depository — 

Shall furnish bond . . ." ; 63 85 

Shall pay cash within sixty days 63 85 



INDEX. 515 

SCHOOL BOOKS AND OFFICIALS— Continued. page sec. 
Shall sell to other dealers in county at 10 per cent. 

discount 63 85 

Shall ascertain number of new books needed 63 85 

Shall order books on or before the first day of 

August 63 85 

Shall notify dealers when books are received. . . .-. ... 63 85 
County Superintendent — 

Books shall be uniformly used 46 56 

Duty of 35 38 

Embezzlejuent 38 44 

45 55 

Failure to give special bond., 37 41 

44 53 

Failure to report at expiration of term — Penalty. . . 52 67 

Failure to report — Right of action 51 66 

Failure to report — Penalty 38 42 

44 54 

51 65 

Makes requisition to state superintendent 35 38 

May sell to pupils and patrons 35 38 

Name and price on cover 47 58 

New books introduced only as new classes are 

fonned 55 70 

Notifies trustees of receipt of books '. 35 38 

Report to county auditor 51 65 

Shall appoint depositor 63 85 

Shall contract with depositor 63 85 

Shall enter suit against trustee for non-perform- 
ance of duty 37 40 

Shall make quarterly settlements with contractors.. 37 42 

Shall scale requisitions 54 70 

Shall see to the supply of sufficient books 50 63 

. Special bond- of." 37 41 

Merchants or Dealers — 

Sale for more than contract price — Misdemeanor... 52 68 

Shall not buy or have on hand more than needed. . 55 70 

Shall make annual statement of books on hand 51 64 

Publisher or Contractor — ^ 

Affidavit of 32 33 

Bid of, accompanied with bond 32 33 

Contract — Five years 58 73 

Contract — Ten years 68 73 

Defective books 47 57 

File sealed proposals for furnishing text-books. .... 31 33 

Manner of shipping books 46 57 

Name and price on cover ; 47 58 

Revision, frequency of 58 73 

[33] 



516 SCHOOL LAW OF INDIANA. 

SCHOOL BOOKS AND OFFICIALS— Continued. page sec. 

Shall file consent for revision 53 69 

Shall furnish state superintendent copy of quarterly 

reports 55 70 

Shall have six months to revise, etc 54 70 

Shall issue new bond after revision or new contract 55 70 

Shall issue new bond if old be insufficient 59 74 

Shall pay all transportation charges to station near- 
est depository 03 85 

Shall pay cost of revision 53 69 

Shall receive no other pay than from the sale of 

books 34 38 

Shall sell to county depositor at 15 per cent dis- 
count 63 85 

Shall ship books to county superintendents within 

ninety days 35 38 

Standard price, etc., of books 33 34 

State Board of School Book Commissioners — 

Advertise for bids 31 33 

39 46 

Appropriation for 39 45 

43 51 

59 75 

Bids accompanied by bond 32 33 

Cost of revision paid by contractor 53 69 

Contract — Five years 58 73 

Contract — Ten years 68 73 

Grovernor's proclamation 37 34 

62 84 

63 86 

Make thorough investigation of all bids 33 34 

May cancel contract 58 73 

May devise means for sale, exchange, etc 36 38 

May procure manuscripts of books proposed 34 35 

May propose reduction in price 56 70 

May reject any and all bids 33 33 

May reject part and accept part of book 33 33 

Not liable to any contractors 34 36 

Primers adopted 60 79 

Old law applies to use of 61 81 

Price of 61 80 

Use of in cities of 5,000 61 82 

Revision, frequency of 58 73 

Shall give one year's notice to school officials before 

books are to be used 54 70 

Shall meet to decide concerning revision 58 72 

Shall open and examine proposals 33 34 

Shall order revision r 43 51 

53 69 



INDEX. 



517 



SCHOOL BOOKS AND OFFICIALS— Continued. page sec. 
Shall receive sealed proposals from authors, com- 
pilers or publishers 31 33 

32 33 

Shall select competent authors to revise 53 69 

Standard price, etc., of text-books 33 34 

Text-books used 30 32 

State Superintendent of Public Instruction — 

Shall make requisition to contractor 35 38 

Shall properly scale requisitions 41 47 

54 70 
Trustees — 

Embezzlement 38 44 

45 55 
Failure to make report at expiration of term — Em- 
bezzlement 52 67 

Failure to report — Right of action 51 67 

Limit of school book orders 40 47 

Shall acknowledge receipt of books to contractor ... 41 48 

Shall carefully care for all books until sold 46 57 

Shall furnish books to patrons and pupils 35 38 

Shall furnish books to poor or indigent children 42 49 

Shall make annual report to county commissioners . . 43 50 
Shall make annual report to county superintendent. 42 50 
Shall make monthly report of sales made to mer- 
chants and dealers 49 62 

Shall make quarterly reports to county superintend- 
ents 36 39 

Shall make requisitions the first Monday of .Tune. . 40 47 

Shall report to county superintendent 41 48 

Shall notify county superintendent as to number of 

books needed 35 38 

Shall pay to county superintendent all money re- 
ceived for books 36 39 

41 48 

Shall receipt county superintendent for books 35 38 

Shall see that sufficient books are supplied 50 63 

Shall sell for cash only 35 38 

Shall sell at legal prices only 35 38 

38 43 

Shall sell to merchants or dealers 49 61 

Shall take charge and custody of all books 35 38 

Suit on trustee's bond 43 52 

Unused books, disposition of 42 48 

SCHOOL COMMISSIONERS IN CITIES OF 30,000 OR MORE— 

Bond of 205 254 

County treasurers' report to school commissioners 302 410 

Duties and powers of 201 249 



518 SCHOOL LAW OF INDIANA. 

SCHOOL COMMISSIONERS IN CITIES OF 30,000, ETC.— Continued. 

PAGE SEC. 

Election of 199 246 

Organization 200 248 

Payments of bonds 201 249 

Sctiool districts 200 247 

Sessions of, records, etc 204 251 

Tax collection and payment 203 250 

Temporary loan of 204 253 

SCHOOL COMMISSIONERS IN CITIES OF 45,000 TO 55,000— 

Bonds for buildings 240 310 

Powers of school board 240 311 

Proceeds of bonds 241 314 

Special tax 241 313 

SCHOOL COMMISSIONERS IN CITIES OF 100,000 OR MORE, 
1890 CENSUS— 

Accountants 218 273 

. Allow warrants 217 267 

Appropriation 217 271 

Auditor of school board 217 267 

Auditor s report, bond, pay 218 273 

Bids for school house 220 277 

Bonds to purchase real estate, bids 224 283 

Committees, salaries and rules of 211 260 

Contracts to be in writing 219 276 

Director's bond 216 266 

Discharge of employes 216 265 

Duties of director 213 263 

216 266 

Eminent domain, may exercise 226 285 

Evidence of indebtedness 217 269 

Funding indebtedness .' 220 278 

Law may apply to other cities 227 288 

Legislative act, director's approval 212 261 

Levy for teachers' pension fund 232 295 

Limit of debt 224 282 

May establish manual training schools 227 289 

May receive donation for teachers' pension fund. ...... 231 294 

Nomination and election of 208 257 

Officers and teachers — Examinations 213 262 

Old school board ." 223 281 

Operate under old school laws 223 280 

Organization of board 211 259 

Purchase of grounds and building 225 284 

Qualification of 207 256 

Removal of 226 286 

Shall not be interested in contracts 219 275 



INDEX. 



519 



SCHOOL COMMISSIONERS IN CITIES OF 100.000, ETC.— Continued. 

PAGE SEC. 

Superintendent, text-books, librarians, etc 214 264 

Tax levy 222 279 

227 287 

228 291 

Teachers and instruction 228 290 

Terms ol 210 258 

Transfer of school property 228 292 

Trustees of teachers' pension fund ■ 230 293 

SCHOOL DIRECTORS— 

Appeal from to trustee 267 347 

Election of 250 326 

Charge of school house 265 345 

Duties 263 344 

Visits schools, may exclude pupils 266 346 

SCHOOL HOUSE— 

Changing site of 254 330 

Donations and bequests 274 356 

Doors nmst swing outward 256 333 

Notice of petition to change 255 331 

Pay for school house in annexed territory 273 355 

Requirements of township trustee for building 341 473 

Sale of school property by school trustee 271 353 

School liouse '.n annexed territory 273 354 

When sold 271 352 

Use of 269 350 

270 351 
SCHOOLS— 

Age of pupils in night schools 140 155 

Bible in 243 316 

Books, uniform in 46 56 

Branches taught in commissioned high schools 247 322 

Changing site of school house 254 330 

Common 7 1 

Common, defined 133 138 

Donations to school corporations 276 359 

276 360 

Duration of school In any year 130 134 

Flags in 285 377 

For colored children 245 319 

For indigent children 246 320 

247 321 

High schools defined 133 138 

High school studies 133 139 

In cities of 30.000 or more — 1870 census 179 246 

Manual training schools 141 156 



520 SCHOOL LAW OF INDIANA. 

SCHOOI/S— Continued. page sec. 

Night schools 140 155 

Petition to change 255 331 

School corporations in cities between 45,000 and 55,000, 

1900 census 240 310 

School director 250 326 

School meetings 251 327 

Scientific temperance, taught in 249 323 

Secret societies, unlawful in 325 452 

State aid for schools 286 380 

TTniform length ot term 245 317 

Women eligible to school offices 324 448 

STATE BOARD OF EDUCATION— 

Accredits schools 28 30 

Appoints board of visitors to state normal school 402 604 

Constitutes state library board 455 759 

Duties and powers of 19 23 

263 340 

Elects trustees of state university 410 622 

Grants state certificates 20 24 

Members of 19 23 

263 340 

Mileage of board 26 25 

Prescribed course of study 27 27 

133 138 

State board of school book commissioners 30 32 

Teachers' training board 26 27 

STATE NORMAL SCHOOL— 

Board of visitors of 402 604 

Certificates—Diplomas 403 005 

Christian morality observed , 402 602 

Conditions of admission 401 600 

Contract for building. 401 597 

Donations '. 400 595 

Duty of trustees 401 599 

Established 399 591 

Location 400 596 

Model school 401 598 

Organization — Officers 400 594 

Pay of treasurer and agent 403 607 

Pay of trustees 403 606 

Reports 402 603 

Term of office — Vacancies 399 593 

Ti'ustees — Corporate name 399 592 

Tuition fees 402 601 



IISTDEX. 



521 



STATE SUPERINTENDENT OF PUBLIC INSTRJCTION— 

PAGE SEC. 

Adjustment of tuition 161 182 

Adjustment of tuition indebtedness 167 193 

Appeals from County superintendent 323 446 

Appeal to, to transfer to custodial institutions 167 192 

Appeal to, on success grade 90 106 

Blanks and forms 17 18 

Commencement of term — Oath 13 10 

Duties of 15 14 

47 59 

66 77 

Duties, office— Clerks 13 11 

Election of 13 9 

Forms of bookkeeping 17 19 

Issues state licenses 83 100 

Legislature provides for election 12 8 

Makes apportionment of school revenue 169 195 

171 201 

176 212 

May countersign certificates from other states 90 107 

May require reports 16 17 

Member of board of trustees of state normal 399 592 

Member of state board of education 15 14 

18 22 

Oaths ; 324 447 

Provides schedules of items for success grade 87 103 

Reports of county auditors to 169 196 

169 197 

Reports of superintendents on deficiency to 172 203 

Report to general assembly 14 13 

Report to governor 14 12 

Shall file statement with state and county oHicials 174 209 

Shall issue an order for state aid 173 204 

287 381 

Shall publish school laws 17 20 

Shall supply libraries with journals, etc 17 21 

Supervision of school funds 16 16 

Traveling expenses 16 15 

STATE TEACHERS' TRAINING BOARD— 

Accredits schools 28 30 

Prescribes courses of study 27 27 

28 28 

State board of education constitutes 27 26 

When "accredited" denied 28 31 



522 



SCHOOL LAW OF INDIANA. 



TEACHERS— page sec. 

Assessed for pension fund on salary (cities of 100,000) . 232 295 

CaucellaLion of pension 239 308 

Contract blanlis to be uniform 261 386 

Contract to be^' in writing 258 335 

County institutes 291 588 

Employment and dismissal 257 334 

Examined in scientific temperance 250 324 

Insulting teaoher 267 348 

Manual training schools (cities of 100,000) 228 290 

Maximum pension of (cities of 100,000) 234 298 

Minimum wages of (cities of 100,000) 261 337 

Payments pro rata when deficiency 238 305 

Payments to pension fund refunded 238 304 

Penalty for paying less than law provides 263 339 

Pensioners examined 236 300 

Pension fund for 230 293 

Place of payment of pension 239 306 

Private teacher to make report 269 350 

Qualifications 262 338 

Reports of 143 161 

Reports required by state superintendent of public in- 
struction 329 457 

Service pension 237 304 

• Shall attend township institute 290 387 

Special examinations for 265 343 

Teacher defined 239 309 

Terms employed 264 342i^ 

Trustee of pension fund 230 293 

Years of service, how computed 235 299 

TOWNSHIP— 

Bonds for 197 244 

Indebtedness of 197 244 

Liability for fund from state 174 206 

Report of tuition deficiency 172 203 

State aid for schools 173 204 

Suits— How brought 320 442 

Teachers' institutes 290 387 

Use of aid for schools 174 205 

TOWNSHIP (CONGRESSIONAL) — 

Account and distribution of funds 355 490 

Account and re-adjustment of funds 355 492 

Account of fund 350 482 

ApportionmeTit by commissioners 362 510 

Apportionment of loans to 396 583 

Assignment of certificate 363 514 



INDEX. 



523 



TOWNSHIP (CONGRESSIONAL)— Continued. page sec. 

Auditor issues deed 365 321 

Auditor's duty oonceruing fund 354 489 

355 491 

Auditor's duty to issue certificate of purctiase 365 520 

Auditors statement as to number of children , 354 488 

Boundaries of townstiips 353 486 

Certificate of purchase 362 511 

Compensation on failure of title. 366 525 

Custody of lands of, report of income 351 483 

Defective assignment proceedings 364 515 

Divided school section 352 485 

353 486 

Failure to make first payment — Penalty 363 513 

Forfeiture, how prevented 360 503 

Forfeiture, liability for waste 360 504 

Forfeiture, re-sale 359 502 

luteresi: and judgment on fund of 367 527 

Lands of, surplus 367 526 

Leasing lands 352 484 

Loan of purchase money. 364 516 

Lost certificates 365 518 

Order and conduct of sale 358 500 

Payments 365 517 

Power of trustee 356 493 

Private sale 360 506 

. Proceedings to sell 356 495 

357 496 

* 357 497 

357 498 

357 499 

Purchase money, when paid 365 495 

Re-appraisement of forfeited lands 361 509 

Re-appraisem.ent of unsold lands 361 507 

Sale had without vote 366 524 

Sale of land iegali'/ed 365 522 

Sale of school lands 356 494 

Sale of timber on school lands 358 501 

Suit for waste 360 505 

I'itle — When completed ■■ 366 523 

Trustees" duty as to sale of land 357 499 

358 501 
When land is in more than one county 170 198 

353 487 
TOWNSHIP TRirSTEE— 

Abandonment of school district 137 146 

Accounts of 146 166 

Adjustment of tuition indebtedness 167 193 



524 SCHOOL LAW OF INDIANA. 

TOWNSHIP TRUSTEE^-Continued. page sec. 

Agree to educate for less charge 162 ISP 

168 r^ 

Annual settlement with advisory board 339 471 

Annual statement of 124 132 

Appeal to, from director 267 347 

Appeal from, to county superintendent 161 181 

167 192 

321 445 

Appeals from, to county superintendent 161 181 

167 192 

Applies local tax 151 174 

Appraisement of real estate 281 368 

Appropriation of real estate 280 367 

Bids for school supplies, shall receive 341 473 

Blanks to be uniform 261 336 

Bonds 116 129 

Books for poor or Indigent children 42 49 

Branches taught 247 322 

Calls special meeting of the board 337 469 

Changing site of school house 254 330 

Charge of town schools 116 128 

Colored children, may establish schools for 245 319 

Control of divided section 353 485 

Conduct teachers' institute 290 387 

Contracts void 343 475 

Contracts with teachers to be in writing 261 335 

Convey town property to 115 127 

Correction of accounts — Renewal 146 168 

Cost of erecting joint school buildings 134 141 

Custody of lands — Report of income 351 483 

Deficiency certificate 172 203 

Duty in reference to sale of land 357 499 

Duty as to sale of lands 35 38 

124 133 

Elect county superintendent 65 89 

Emergeijcy for action 135 142 

Employs and dismisses teachers 257 334 

Enumerate children 93 110 

154 178 

Enumeration, where filed — Retaking 165 188 

Entitled to draw state fund 173 204 

Examination of 146 167 

Expense of joint school and control of 136 144 

136 145 

Failing to serve in o3ice 146 165 

Failure to report 145 163 

Failure to report — Right of action 51 66 



INDEX. 525 

TOWNSHIP TRUSTEE— Continued. page sec. 

Flags, use of 285 376 

285 377 

285 378 

286 379 

Janitor, shall provide 131 135 

Joint scbool district 135 143 

Joint school, may establish 132 137 

134 140 

Legalizing use of sinking fund 284 375 

Length of school in any year 130 134 

Levy special tax to pay debts 151 175 

Liability for deficiency fund 174 206 

May withhold part of teacher's salary 143 161 

May sell school property 271 352 

271 353 

Manage revenues and make reports 118 130 

Misdemeanors of 38 43 

256 332 

Neglecting duties 145 164 

Notice of petition to change site of school building 255 331 

Oaths, may administer 324 447 

Pay of 342 474 

Payment of teachers at less rate — Penalty 263 339 

Payment of property on appraisement 281 369 

Payments for public improvements — JLiegalized 283 373 

Payment of tuition 167 191 

Perform duty of clerk and treasurer 106 122 

Petition to for removal or erection of school house 254 329 

Power to lease lands 352 448 

.Power of trustee over lands 356 493 

Process, how executed 320 444 

Proceedings to sell 356 495 

Publication ol receipts and expenditures 343 477 

Receives petition of voters to abandon schools 137 147 

138 148 

Reports from teachers to 143 161 

Report on book sales 49 62 

Report on congressional township 165 189 

Reports to county superintendent 144 162 

Reports to commissioners and county superintendent — • 

School books 42 50 

Reports to state superintendent of public instruction... 329 457 

Sale of bonds on petition of voters 275 358 

Scientific temperance— Provides for 249 323 

Sale of books for more than the contract price — Mis- 
demeanor 38 43 

School doors shall swing outwardly 256 333 



526 SCHOOL LAW OF INDIANA. 

TOWNSHIP TRUSTEE— Continued. page sec. 

School property, liable for improvements 283 372 

Shall acknowledge receipt of books 41 48 

Shall execute deed for school building in annexed ter- 
ritory 273 354 

Shall furnish names of children to truant officers 331 4G3 

Shall itemize estimates of expenses for advisory board. 336 467 

Shall keep financial record 338 470 

Shall keep record of proceedings 123 131 

Shall make levies 149 172 

Shall post estimate of expenditures 324 466 

Shall procure specifications for new school house 341 473 

Shall procure title to school property 268 349 

Suit on trustee's bond. 43 52 

Tender before appraisement — Costs 282 370 

Term for which teachers may be employed. 264 342i/^ 

Term of office 341 472 

Time of electing 324 450 

Transfer of school children 163 186 

158 179 

Transfer special school fund to township fund 284 374 

Transportation of pupils 138 149 

Uniformity on length of school term 245 317 

Use of deficiency fund 174 205 

Use of sinking fund legalized 344 478 

Vacancies in office filled by county commissioners...... 325 451 

Vacancy in office filled by county auditor 116 129 

When to make requisition for books 40 47 

TRANSFERS— 

Adjustment of tuition due orphans' home 167 ,193 

Appeal , : 161 181 

Duty of county auditor as to 163 186 

On account of better accommodation 158 179 

Payment of tuition 161 182 

162 185 

Payment of tuition to orphans' home — 167 . 191 

To cities of more than 100,000 162 184 

Tuition 160 180 

TRUANCY— 

All children must attend school 327 453 

Compensation of truant officers 329 456 

Confirmed truant 330 460 

County truanc officer, duties, misdemeanors 327 454 

Names of children furnished to truant offi"cer 331 463 

Parental home 330 459 

Poor children, assistance to. 329 458 

Reports of officers to statp truancy board 329 457 

Truant officers in cities and towns 328 455 



INDEX. 



527 



VOTERS — PAGE SEC. 

At school meetings 251 327 

Ballots of 357 - 197 

Certificate of vote 357 498 

Elect advisory board 333 464 

Elect school director 250 326 

Legal voters 275 357 

May use school house 270 351 

Meet^ings and powers of 251 328 

Member of advisory board must be 343 476 

Petition of, for sale of lands 275 358 

Petition to sell lands 356 494 

Petition trustee 254 329 

274 356 

Results of election 357 - 497 

Vote to sell land 352 484 

366 524 
WAGES AND QUALIFICATIONS OF TEACHERS— 

Minimum wages of teachers 261 337 

Payment at less rate — Penalty 263 339 

Teachers' qualifications 262 338 

263 340 

When act takes effect 263 341 



MAR 2 1908 



